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Lea diagrammes suivants iilustrant la mithoda. 1 2 3 - 1 2 3 4 5 6 (i y CAl I vSl ^i^lbi'^ n PAPERS BRUfiM ro CANADA AND NEWFOUNDLAND PMINTED BY ORDSR OF PARLIAMENT SESSION 1892 PRINTS m i. K. DAWSON, PRlNTBftTO ■m#Q JEEN-a MOW r ■ ' "M**"^' WftiNi^WrtWlBB*^" i-- PAPERS [23c, 23d, 23e, 23A', 23/i.] Rblatino to the mutual recognition by Canada and Newfoundland of licenses issued to the United States fishing vessels, under the modus vivendi, and the division of the fees collected by the same. Papers respecting the fisheries on the Atlantic coast, including the separate arrangement pro- posed to be entered into by Newfoundland with the United States ; also the enforcement by the Government of Newfoundland against Canadian vessels of the Newfoundland Bait Act. Ottawa, May, 1892. CONTENTS. Ko. 1. Paoi. Minute of Council, 11th April, 1887.— Deals with the reserved Bait Bill of Newfoundland of 21st February, 188". Its provisions very objectionable. If it becomes law it would affect Canadians as follows : 1. Canadian fishermen on the iirenA Banks will be cut off from their free supply of bait, either by jnirchase or catch ; 2. Upon the coast of Labrador they will be debarred from the privilege of free catch of herring and their hitherto untramniellwl trading in herring ; 3. What- ever trade is now done by Canadian vessels in herring or bait fishes upon the Newfoundland coast will no longer be left free j Ko. ». Sir R. Thorburn and Sir A. Shea to Sir Chas. Tupvier, 20th April, 1887.— Newfoundland guarantees that Canadian fishennen are on same footing as those of Newfoundland under Bait Bill. Assure Colonial Office that explanation is satisfactory 3 Wo. 8. Attorney-General of Newfoundland to Minister of Marine and Fisheries, 20th April, 1887.— Is authorized to give the fullest assurance that no interference or hindrance contemplated against Canadian fishermen. Act ntcess-irily gives discretionary power in granting licenses to pievent foreign subsidized rivals obtaining same rights as British fishermen. Asks that objection be removed to promote Royal Assent ^ Jio. 4. Minister of Marine and Fisheries to Attorney (Jeneral of Newfoundland, 22nd April, 1887.— Minute of Council explaining Canada's position goes by mail 4 \o. 5. Attorney General of Newfoundland to Minister of Marine and Fisheries, 23rd April, 1887.— Requests to be informed of the substance of Minute of Council as no mail (Halifax to Newfoundland) for some time _ 4 Ko. O. Minister of Marine and Fisheries to Attorney General of Newfoundland, 26th April, 1887. -Telegraphs substance of Order in Council protesting against Bait Bill 4 No. r. High Commissioner's Office to Sir Charles Tupiier, 12th May, 1887.— Royal Assent to Newfoundland Bait Bill takes effect next year. Colonial Government gives assurance that Canadian vessels will be treated the same as those of Newfoundland a 23cto23A— A ii Mo. H. p Sir II. MdHuikI til tlif (iovcrnor (Jenprnl 9<*tU f.,l., iuut v < rAdK. .StAt..s Mini,t...m„l HirTshVaTavlMfri Lai.-^^ corrj..,xm.lence with VniUnl .nfonn«. „.. ac-tion .houl.i U- tak.'. iVth.3l\.: /.^lirKl^lj Jty^.TrenlS':""!^^^^ B Sir H. Hdllnncl to <»fiv(>riior ({( iiM-nl '>2n>l Aii»i.„> luu- i.' ■• of NVwf,,„,Klla,„|. OHu.ci wmi,u"kVm^^^^^^^^ lerlge of Hm' Maj«Hty'« (iovi-rnment He|«rat.- arrai.ge.nent witlio.it know- 6 No. lO. Hubject of tl... pro,H,H..d He,arat.Vrr;":Ke,nwrwUh^ "'. ^ ::'."""".'"!'.': ;:': ""' 7 No. 11. Governor of NVwfounclIanfl to Gov Of J< th of Octolwr, wiclosing correHiH.iulMi until January, ISHH. R,.g„Tation» not vet emor (Jencral, 2Htli Novcml^r. 1HH7.— Ack iipr<4ui u 111 ^K. ■!..>... l>_ 'x I I'll mi . r>. ™,,,,„,...™^"'-""»«"'?™=-S''tf«mli';^«iS^^ nowled(?ing a desitatch '"' ' in ov- Minute of Council, 11th May, 1RS8. under the modus virnuli ' No. IS. collected thereon with Newfoundland' Newfoundland ""hinsrton of 1)W«, and an equal divinion of the feei feeM No. 14. Governor of Newfoundlatirl to.Governor Oeneral 12th Mav i«uu v r j, . .. a^^,d.vi«o„of_fW«onlice„.eHtoUni;jhtl^fl^fel^^,;th:^^ No. 15. Newfoundland Government. . . . ^"^ information a« to licennes issued l.y No. le. Gov No. 17. ernor of Newfoundland to Governor General 2'»th Anmiat naau v 1 of Counc.1 a, to duration of ,„,^„, mW^ Ke,; thTlS^Kn; 8 extract of Minute expire on the 31st December. No. \H. ^''''f^l^Z£A^^^^:^,'^i;f^^^^, ^::f^ »' «-■?- ,°' Newfoundland future all ,no.lus vivcndi licenses^Cd eJ^.^^'rsfst temter""'"^ '!':'°."'!'^''!'"* **"** '" ^"^;r;^?r^;!r^7:^i»^ gov^ will recognize the valid ty of all licenses then ^rft.,;!^ kV, r^ j ^"-"lounniann uovenmient future ones should expire .Slst DecejXr. . ^ Canada, as Canada has agreed that Hon. No. «0. w^;J^ia:'i:^.S'S!.«:s'-feSr"'''""''' ''^"^ «-i-r. !«««- States vessels. No. «!. For lists of vuxlut 13 13 14 14 14 16 16 IG 17 States ''^"^s^^Sn^^ofsiffl -s:^t:c:.,rf "^"^,'« f-''^ sions under licenses have not interfered »IiH,.^f »" . /^ licenses issued by them. Conces- chief cause of complairo"„1he ^at^f U.;[[;.i'K"fishe^^^^^^ .""'»''"•'*• *"^ »"« ™«1 17 Hi ith VniUv] >uld ukt* till vfomidland ivp Council loiit kiuiw- Iptttr from 11(1, on tim Vlay, 18H7. «|)r«)enta- privile)fc§ ited to the ^ den|>atch oiHTfttion dJHIl (iov- ng veHfielfi )f till' tftiH vernment li colonies Xo. «•. th COI>U>H iosuen :oi)i«'H etl liy I of iHSllf. » rivetuii. 14 ' Minute imber... 16 lundland that in enmient eed that f nuxlut I StateH ConceB- 'emoved Newnnaiier Kxtrai't Afo oMciai.to.eco«..i«^=::.Sl^^^fe.!?i;anfc:":"^ r'"-'. r' ^-f-«"-d Hon. C. H. Tu|,p,.r t^, Colonial S.wtnrv, N..wf..iindlan.l, 3()th Jiilv. ]8H!l I"."i'.'"?!"'"^'-''»1" "'/"r.."'."^"©'.'"''! Canadian m-./.M r,r,n'// lit^nL, iiiniiztHt (. Thin wa HiiKirtfd that NVw- . InHtrnctionK nMlcfd atsSrs?;:;^S!;2r.,JSS3X'S.r:;r.Ss^'«''T:'" No. «4. "'■'^n^t'LJ;:)K.!;;j;.I;v.S!i^!;i:;;^n.S^K-:^':^^^^^ No. «5. No. ao. I'AtllC. 1!» 20 20 No. 87. ' ^sMsft1=&f?""'^2^'^=^'=^^ from Hxhing No. »N. "'"rnn^Hi*" JV''"*'' *« Colonial Secretary. Newfoundland, 23rd "April, 1890 -ReiH.rted thaf No. «». 20 28 2!» 30 No. 80. ^'■'undteBTir/lK"""''':'".'';. '"".''"• ^- "• T"l>l-. 24th April, 1890. -For wards Newfound- No. SI. '^'^a^''::!u.i^i:7^^^ltlZt^^^^^^^^^ ^*'"-»'" ^'^■'^ Newfoundland Bait Act, and 31 31 ifoundlanders on Canadian coasts, &o oi No. SS. Collector of Customs, La Have, to Hon. C. H. Tunixr 30th Mav iMflo wi^f „» i i j . Bad , anxious to know if an'y arrangen.ent ar^il^lT^t wiraSund!^* . ''.""'!':" '"^.'. *? 37 No. 84. No. as. Collectpr of Customs, Canso, to Hon. C. H. Tumwr 2iid .Tiin» isnn m^t n. v u waiting advice if exempt from 81 i^f ton fee ' ^*^— ^^^ C.i^^^an schooners i'dr to 2ik — Ai * It n*. M. nmler |irut«-iit ■m-ruinu uinnuirt) tax. >o anMwer rftiirnwi. I'oy f««a Paob. Wo. 87. Mujeny^ Government. Can^lilnl^rSi'Z.ft'i:^^^^^^^^ :roti:;"''' ''"' •uncil, with Her No. SN. Lon) KnntHford to ( tovernor ( leneral nth Tnlv luon t •• < fonndland '^'^'^rin^ZLlTrXm^L^^^^^^^ '""" <'«vern.,r of New- IJait Act. It I..«veH it option^ to W l.mZe f^ orT^^ *". "' ^••*'"*- ""«'" vewel to tak« more than 40 Urr«lH . "'""»«(» f*« or li,*n«. fee »1 per Urr«l of bait. No No. 99. iMitioner 27th June, ommiwiioner recallMl " 'J'al AHM>ut. The urge fulfilment of No. 40. of Minute of Council, 18th Aupint, 181(0.— Deals with HeNimt,.!.-. «# o-j j n.i. t . . LoHl KnutHfoidH repre^ntationn to Pre u.ier of New?, u„7u" i 2^f, ""l.*"^ -Tuly. IK'.K). Ho|«. The nuKiirtcatioHH in licenne fee* do not n'« t obiSn i ^li" T'^;'"' '"'/'I'wtory result. aHHurance that none would be exocted U il^t .urfldtnt . . '■"^"'-•t'on of fees in face No. 41. High ComniisHioner to Premier of Canada. 31at()rfiit...r luoo v j .... Knutsfonl containing repre«ent«t on^of Can^ltTn '( all previouH transactioni of thin Sewkh the UnVt^HsV»"»'"''. "" '"'ir'"^ arrangement. I„ •ri.rovince^ofS^LaKrm^^l'il*^!^^^^^^^ fotmdiand as well om other followed since Confederfttioh. This sound iK)lif.v MhnnT/rT./VT^T"''" *;'",'"""« „ of all North American Provinces to t^'l&i!:::^^^^J^, AA'"!"' r r<..„»j. --■*"--" -v vjujimiu tiie consent of Aew- ,m.n"^^.„"*i:."!!!?!:"T-Ty- The ..„.« amrse has ^:^n No. 4)1. -New York Tribune, l.Sth Nc Hon, C. H. Tapper to Sir Chariest Tupiier. 17th NovBi.ii^.. 1 aim ^ „ . ». .. ember, IHW.'M.ys free »»it is no favouJ to UniM. Stages if ttel-V^ K^""*. n'"'^"??' ^•'''*' ^'^^• it UK,. If Mr. Bond pennits Sir Wm. Whitew^ ami Mr hL., ""^ /"''. S'""^\'^'"' '=*" ^'a^'"? to barter that away. Tey will find them'^lveTrKu'f'? AyTf F^fc Maike,!"'' ''.'■.*.''"*" No. 48. as 38 38 dt» 40 41 43 ference to treaties lietween United States anH f '►^n* u •: • 1 •"»^™'y; »^"ntain8 a re- Atlantic coast, in all of which the interS^f r.lislTXt&e^Hc^o^'a' w1.1^ ^'^^^^ ,3 No. 44. Minute of Council, Slst December, 18JK).— Submitting a netifinn fr,.m \r u rv i the schooner " Hattie," complaining of trenTtSrtcS W h?.^. ^^\ ^^U'^u ^'S^"' °"""''" "f • foundland authorities, who compelfed hiT to m^^h tfjl Z hi **' ?' **"' 'l?".'^'' "-^ ^^^ ^^''■ seine, thus occasioning loss of hifcatoh He cCs fe.^^ dam^e:."';';''."." ""^ '"P""'' " *•'•* .. No. 4S. ^" Het;y'l>iJks'^ckim.'''^P"'^ ^''""'"°' "''"^^ 57 No. 40. Sir Julian Pauncefote to Oovemor General fUth .Tan isni t-«„„„ -^ , . . tion between United StateT^nKMoundland" ^Sfl.-Transm.ts copy of draft of conven- 07 No. 47. Her Majesty's Government consider que?tio3Sfou^d and into^^l^tt ^^^l^'^^'^' witte«p^^i?;'^raste3' ^"' "^^°*'''*'' '"' ^™"- arrange-^ttitSr '^^adt 59 .^^^ '• I'ay fe*Hi > of Cduncil, r with Her mr of Xow- I'liwM under >f U«it. No 27th June, ner rt'cnlletl wilt. The Itilment uf M). Ho|)ea tory result, in face of ker to Lord ment. In t of N»;\V. « has been I reUtionii f ected ... I3th Nov- •* can have for thetii, intice and tmvention ting a ro- les of the onsiderecl owner of the New- l»ed " his BctofMr. conven- 7ana Hlt^ili- J*" .«''''"""i!'K -i •l-«l.«ti..n of Adan. Power further in the matter ol the ulaiDi of Henry l>iik» a|r»in»t the New f.Hindland IJov.rnnunt . . M !Vo. 4l». Minute of Cotincil. 29th Jan.. 1H!>1 -Deal, with a desiMitth of l.-ith Jan.. 18!»1 „f Her ^f»lestv•. I'i^ ll • ' . •• ^^l'- *»'*""'' P."**'""* conventioi. e.|ually upi.hcal.le tothe |.re«.nt raft I nre. tlie . n,«,rtance „f „„t i».rmittin(r di.crin.ination af»in-t any iH.rtim. Ar tT» W^^ The 6th article of the convention H..e,n. ..|h.„ t .jection as involving .liscrliiiination. ... 00 Xo. SO. .\o. SI. """;,LI?. ''"'^'il'r'f- ^'{.^^"''^ ^'••••i »"•' March, 18!n.-Pnmume same laws in force, am en- (juirinK. VeswU should |Hiy fees under [irc .test . »■■■ en Ko. S)i. Colonial Secretary of Newfoundland to Hnn, C. H. TupiK-r, 23rd March. ISill -Halt Act will I-, npdly enforc-ed .luring ISill against Canadian vessels, koiice given to/'i^vent nii;u,.derstamli..g. 02 IVo. SS. Hon. C.H.Tui.|ier to Colonial Secretary f.f Newfoundland. 2lith March. lS!ll.-Is cal.leifrani iust received, stating IJait Act will Is- rigidly euforcd against Canada, authentic?. T . (J2 JSo. S4. Colonial Suretary of Newfoundland to Hon. C. H. Tupi^er, 27th March, 18J)l.-Message genuine. . . m Ko. SS. ■'■ ";.r?ii""v^/»" p""- r "J"!'!'*'-' 2«}' March, lHill.-Hundre' l«''l--High commissioner's reiK,rt of mh .nl^ n"''^".'''"*''""'"'i'^''^""^V"'- Whteway, that he ha.T only recently ler.rnl..l engagi" hT^I^!^ predecessor and recognized their force. He would enouire into the whole matter. "^S^.i?^rThoni''^n""' " relations between Tv. v. jundlanc^ andCanada. Corrc.lwrated ■-.. ^ J),^ Ko. Sd. """;P;.."' .'^^"''''^'" t?-^'"" ^^'"]- P''«."'?y. 28th Afarch. 18!tl.-Confinning telegrams as to assur- ances, and regretting want of cordiality in relations between Canada and New-foundlaiid 04 Ko. SO. Sir Wm. Whiteway tothe Hon. C. H. Tupi*r, 30th March, 1891. -Nothing in the language of the telegram quoted contains assurance conflicting with action of the present tioveniment. Canada s action re United States c-onveiition evidences hostility to Newfoundland 65 No. eo. "'*'L2!."""-''*'Tr **' "°n- ^; "•J^l'l'T'i^nd April, 18!tl. -Ascertain number of i,wdu» vivauii licenses issued by Newfoundland for different years 05 sio. ei. Hon. C. H. Tupper to Sir James Winter, 2nd April, 18'Jl. -Cable number of vuniuis rhendi licenses iHHiictu cftcn y^ftr .• /»« No. ea. Deputy Minister of Fisheries to JR. Kinpev, 3rd Aj.ril, 1891.-For further particulars as to New- lounaiand citizens hshmg on Canadian shores, reixjrted in his letter of 28th March 05 No. 08. ®'' «!5mlL^^f'"*^'i '° H°°;.?-H. Tup,»r Cth April, 1891.-Cannot i.tocure information as to number of vwdus vivendi licenses issued by Newfoundland Government 06 .\'o. as. I'liikcr, KHkiii* ft C'd. /^i/, fi, H„„. (J H T11111..1 7tl> li..-ll im t-HNflii (Yiiiiiiiir Iwi-k with- N.«f„un,l„„,| „,..r..,uiitH »m\ tl.n„«,„,|M .,f ,,,...1 t., I^,l,n«l,.r ..v.tv v/a On • 1 mif f K H»h .•.,„Kl.t .1. CH«tt.|.»i. wat^n., with Un».li»i. -Im.h. ,« b«»i» ..f ..,».r»t!oir . . . . . . . . . . )M Xo. ««. llm.C. H,Tii|.i»r to Parker. Kiikiiin ft f'.i. rahl..cn,u.l..->.M,ui.,lpl,^.,c.a«'k.f..r..i...,»Ti«\m;ih-.riiiJ ';^ „,, %o. nr. ""^rnyciriifio,"""- ^- "■.!'!"T''* "l*^ •^''"'' »«'»■ -N'-w'<'"mll«n.H>.,vmun..nt nfiiK.. bait on .\o. AW. """;.mHni,!rvtn^ln]f£:"T^^ i^'"'"' "'"• -'l"l'tt.T from Colonial S.H!r..tim-, .tiitiiiK tli.-r.. nn- no KroundK for el.,.1,1. Any Iomh HUHt»in.-l--t"'»-warIav, 18!»l.-Ha8 pnjHsed Xewfoundland delegates to withdraw, and m still m communication with them . . ... "•"«»'««» to ^ Xo. 77. "°"ihe-owne?,JiTlL'iL''.'?)Yek^^ ''^'.'. l««l-AcknowledKes receipt of statement of 81 Xo. 7S. ^''"ct"mof1japUin Dicks" ''''''"*^ *^'"''"*' "' ^'*''^^"''*' '^'^ ^^^^^ 18«l.-Further respecting the • ■ 81 vil So. 79. mm to till! toruiKii omw n.iil r.-f.rr.il f. Mir Willi.nii Whit»w»y. . . , . , . . .* .\'o. «M>. H.rCUrl.»T..|.p. tnMir.lMh.i A. Miu^loiialil, Kth Mhv. 1H)»1.-M»« i.n.t..,t..l »K«»inH', Mil »t...., HK»m«t C'HnwI... FS.cI,,,, H .npy „r |,i, |,.„..r, « l.ich k-'h f.ilVy into tl..' c.iH . I'.V..K, HI ill «•«•.. tly iliw.'rii.ii.i- Xo. Ml. (.olo.i.ul Otfi,,. toKftli... with corr..H|N,...|... Uawr.-n H„,t otti... ,11.(1 MirWillift.,, Whit.'w w 11... <..rr..H,H,i.,l..m... HhowH tl„.t th.. Colonial Otti.-., |H>i..t- out to Sir WiHim. \Vhit..w av timi uii.l«rHt.»«l lU tl... hor..iKTi Ottii-.. to |.rumi«. to niak.. ninuiK.i.i.iitH c.ii.HiHt....t with aH,..niiinH. . HI »1\. w ^ ''^"■'' 'i"'"'*f"'r'l •'"<■'< ""t '•■'■I iiHtiH.fl in .lircctinif i,.«-rvHtio.. of Kill ..,„Im«Iv mf Th!. 'ilMr ' ■ '■' '''""'""""t""' tt""' "•-■ti'-M 3 of t.fifi,,t..r *l of K..viK..,l Stat... .H of Minut.) of Coiimil. 22n(l May, IWll. -R..f..rH to pn'vio.m .Minntn of fo„iuil(2lMt Ai.ril) »n.l sulnnitM formal dH<.|.i,at.o,. of M. ||. NVniyton, n.a-t.'r of th.. "()c.,.«„ IWII,./' an 1 clain t. c. i I, hu m v.-nting Imii fro.ii loadinK with fro/.t'ii hcrriii); '""'" \o. H4. Hon. (J W. Huwlan to tlm Hon (V. H. Tu|.i».r. :,th .luii... IWl. -Rf.|K,rt of hi^ .,.i«.ion to NVw- foundlancl and l^in.lon m a del-Kate to oonf.r with th.. \..wfo.iiidlRnd .■.•|.r.M. i,t«ti(..H . \0. HS. B. K. R«'i"h8rclt to Hon. C. H. T.ipi^r. 13th .Tun.., |M!»1.-Ih theio any chanw ..f .K.Hitio.i X..wf,.un.| land Bait Act clianKing inmde of a nionth 1 . " -'" » """'" Xo. NO. Hon.C. H. Tup|j,.r to R..inluir(lt loth .rune, IWIl. -Cannot Hi«,ak definitely. Have cableii New- fonndland. If reply favoiiral.l.', w ill publish it ....... So. Ht. ""';^" J;;'r NeSxlidT^i:'?'' .'';"":""•""""•. ''^':^:.y!^--^'r. "".t't .":''"' So. HH. Xo. N9. "°"can notlfinK te doni'^^'^'""''"' ^'"^'''^''' *'*"' '^"'"'' ^«'"--^'ewf.,.indland regulation not relaxed. So. 0O. H. N. Oxner to Hon. C. H. Tupin-r, 3rd .luly, 1891. -Will Xewfoundlan.l bait law «x)n change?.. So. 01. Hon. C. H. Tapper to H. N Oxner, 3rd July, ISiil.-Regret unable yet to give definite answer. So. ex. ^' VmK.T"",*"^'"":.^- ^- TnpiH^r, (Ith .July, I801.-Can Canadian ve«.,l8 procure bait in Newfoundland and under what WiiiditionN ! So. 08. Hon. C. H. Tupiier to W. D. Harrington, «th .July, 18itl.-No notice of change yet 8.K !II y !« U3 (O 93 m 93 94 94 !)4 viii 94 2VO. 98. Hon. C. H. Tupper to Reuben Ritcey, 14th July, 1891.-No hdvice of change yet , . . . 94 STo. 06. ^' T;a"^"^7.*°."°"' ^- "• '^"P'*'"' "**• *^"'y' 1891--A''k8 if any cnange Newfoundland Bait Xo. 07. Hon. C. H. Tupper to A. VV. Hendry, i:th July, 1891.-No advice of any change 94 94 No. 9H. ^^P'jj^y}}'^'^^^\o{ViHheriea to Private Secretary of Prime Minister, 17th July. 1891. -Minister of in^fnLi';,'""^ J '^^^ '•■?." ^'^^ P"'ne Minister to request His Excellency to caWe Newfoundland as to i)08ition of Canadian vessels resjiecting bait.. . .... ^''^■"'"unuiana as ^^ No. 00. Private Secretary Prime Minister to Deputy Minister of Fisheries, 20th July, I891.-Prinie Minister has asked His Excellency to obtain information necessary. ..... . . ..... _ . 95 No. 100. Prime Minister to Hon. C. H. Tupi^r, 20th July, 1891.-Communicating copies of telegrams No relaxation of prohibition a»a nst Canadian* 1. ,rnh^i«» K=;f ;„ t^„. ,*°.._jV'_ . ' telegrams, iso prohibition against Canadians purchasing bait in Newfoundland Minute of Council, 20th July, I891.-Deal8 with proclamation Cxovemor of N.Hvf„„ndland and instruc- tions respecting enforcement of Bait Act during 1891. Instructions direct that " no licenis shlu a,Scroi,TI';*.*'\^rS^^^^ Unitld. States fishing vetTs!"' RefeiTtoMZle o P r'hit'w,!^^ „'f ii' T* ' ""^^"^ legislation for repeal of Act. Api)ends corresiKindenoe from J. to nm^rrilV h3''^Y' .'TT""f V"*f '*'^'"'"'*' •■''f".^' Newfoundland authorities to allowl^im to procure salt herring bait for his lobster traps on the ground that he was a Canadian. . . No. loie. ^ ^^' di'.tfetoZufitra^^Hin?-.''- Ti'm-er. 20th July, 1891. -C vn Newfoundland Government collect mines on outfit Canadian ve.s.sels on hshiiig voyage to Labrador? No. lOS. No. 104. 95 9C 98 98 «ame subj^t ind as to pow;^«Vnder*.roi;;s;r;;;olutim^^ ^:„Hnn™^ • * rA' '"°i* carefully consider "Canadian objections 'to legislS nvolvi^.K dkcrimi No. lUS. '^'tjySwfo"ndla^;d^haTTi^o;,fH"^ August. I891.-Has received a reply from Colonial Secre- laiy or i>ew round land that he could not enter for bait ; has any change occurred ? 102 No. 100. Hon. C. H. Tupi>er to Hedley Rider, 3rd August, 1891. -No notification of any change 102 No. 107. ^'t^"eDUhVonbiZrth?rT''fi^^^ ^'1^;L 1891.-Ani.ounees that Newfoundland has declined ggests ihould vy Council 102 No. 108. ^X'it"wo*^„"u„d^- "• ^""P"'"' ^'^ ^"»- 1891-A«k8 permission Canadian vessels to obtain 103 IX """ui't N 'a^"'''^I '"j^"*^' ^'"®*' ^"^ '^"^•' ^^^^- H"^® "° authority to grant ijermission to get No. no. Lord Knutsford to Governor General, 23rd Aug., 1891.— Acknowledging Minute of Council r^spfct- rng proclamation and in8tructioni< as to enforcement of Bait Act during 1891, and referring to Colonial Ottice despatch of 4th Aug., 1891, suggesting submission of case to the Judicial Com- mittee of Her Majesty's Privy Council 104 nro. 111. '^' \^^^u^'r^-^-' ^''^^- ^^- 5''''''5' "^I-P-.to Hon. C. H. Tupi^r, 26th Aug., I891.-Have learned tnat the Uoyemment intend endeavouring to obtain compensation for loss sustained bv parties in «ay St. George through the action of the French Admiral, and bring to notice the claims of Messrs. John Allen and Son jq^ No. 11«. Hon. C, H. Tupper to T. E. Kenny, M.P., and J. F. Stairs, M.P., 2flth Aug., I891.-The claim of Messrs. Allen, owners of schooner " Ocean Belle " has been forwarded ]04 No. lis. J. *'• Stairs, M.P to Hr^n. C. H. Tupj«r, 19th Se|>t., 1891. -Urging on liehalf of Mr. G. E. Boak that an early decision be obtained from the Judicial Committer Her Majesty's Privy Council affecting the action of the Newfoundland authorities .... 104 No. 114. ^°":5L **;• '^TP^'' *» Messrs. Muir and Co., 20th Sept., 1891. -Replying to letter of 22nd instant rospecting the purchasing ot frozen herring by Canadian vessels in Newfoundland ports. Bait Aot prohibits taking or jjurchasing bait fishes of which herring is one , 105 No. 115. **'"M!^^^aa1"?"' 2l8t Sept., I891.-Deals with a communication from the High Commissioner 16th May, 18 Jl, forwarding copies of the corresijondence between him and the Colonial Ottice and pI^Ta /,Ln ir^.'^^jy and the Colonial Office on the subject of the enforcement of the iJait Act, 1889. Newfoundland now seeks to justify repudiation of pledges on the irround that they were made upon a protest of the Dominion Government which that CJovernment had no right to make and which would not have been held as valid reason for withholding Royal Assent. -\"- ''""P"' ''"' ^>^'^'"^^' l^^^-C^- Canadian vessel, purchase 115 TSo. 129. Sfo. ISO. 115 Ko. 131. No. isse. ""^Tck^S ten KrTd*' ''• '^^ ''^'^'""°"' ^"*'' ^°-"'^'- 18»l-Claim of Mr. Henry 11(J No. 188. No. 184. ^^•^Hst of N!!vrw'*«''r' *° ^- P?''*"'' I".«l'«=lo' of Fisheries, 21st November. 1891.-Forwards ies duri ri8W Obtallf If,f>f ''• ""T '"^'''^ ^'''^'"^ ^^S^ ^«« ^'''"^'^^ ^v NewT^undlknd aXri' r^ver f^s S "^''th^nty from master*, and others to enable steps to be taken tJ, 110 No. 185. ^^'"of\1^0fficer; ofth^cZ^'"' jf l-Nfwfoundland Government had refused to accent opinion oCed t^"lttri'irTR"'^.'°A "^"Pt ««»"«; b*it legislation 4St F^nch^ hKS PrL^^C^n^ctuteX^^f^^^^^^^^^ Case for Judicial Connnitti:!? • llo xi Pauk 9th October er touching; 113 lorof New- 10 in frozen participate 1» 114 SHels have 114 ling vessels 1 114 sis cannot 114 I purchase 115 an vessels I Imperial i'ileges in 115 115 [ram 13th ing every . rfo de- nicated.. 115 r. Henry 11« of Cana- rsistenee rotection 116 'orwards authori- tnken to 110 opinion wfound- B rights, already littee of 116 No. 1S«. Paqk ^''"l**^"' P°^!?.?'' 2^?t November, 1891. -Deals with a despatch from the Colonial Office, dated 4th ent that Newfoundland had declined to accept the I as U) their action under Bait Act, and suggewting submission of a August, 18(11, notifying Canadian Government that N'^wfoundland had declined to accept the opinion of the Law Officers as t(j their action under Bait Act, and suggesting submission of a joint caw. to the Judicial Committee of Her Majesty's Privy Council. The suggestion of Lord Knutstord being concurred m a case on behalf of Canada is submitted for reference to the Judicial 118 \o. 137. Lieutenant f^r^nfii^' ^•^/"'■''"n ^ Commander Wakehani, 30th November, 1891.-For information as to ,ii « !?■ ,°"?'^'*!J'^,'^"*''''"*i«*'" collecting duties on salt and barrels on board Cana- dian fishing vessels when fishing for herring on the Newfoundland coast 12<»- JSo. 18»*. "°"Ar*^«s^-" TntTviV' ^^^ P""-^^-, .?"""'"{ ^^* December, I891.-Calling attention to a letter from ^otll,^'*^ Allen & Sim, Halifax, referring to the landing of fish from Newfoundland without paying the customs duty ^og, !Vo. ISO. ^**";;£".?' '•'"PI'^'" '° Sir James Winter, 2nd December, I891.-It is reported in Caiie fAnn " Adver- li^u T^»P1*"' that Newfoundland ^Kirmits American fishermen to fish within three-mile nmit other than on F rench shore. Is this correct ? ISO- \o. 140. Parkw Eakins & Co. to Hon. C. H. Tupiier, 3rd December, 1891. -Urges some action to induce nr^l*!" ♦government to interfere with Newfoundland on behalf of Canada. Canadian fishing captains ana crews are shipping in American vessels for next season ISO- No. 141. ^'"■n'n'";.^?Hi"''*5'?i *°"°"- ^' ?• ,T"Ppr, 12th December, 1891.- Suggests that a test case be midertaken at tlw expense of the Canadian Government to test legality of Newfoundland's action under the Bait Act . Ko. 14«. R. Hockin, Inspector of Fisheries, to Deputy Minister of Fisheries, loth December, 1891. -Replying dJirin 1890 ™''^''' ^ <» information respecting parties from whom license fees were levied Hon. 131 131 ceedings for the recovery of license fees exacted during 1890 131 JSo. 144. ^aS Winter to Hon. C. H. Tupj^r, 19th December, 1891. -Replying to letter of 2nd December, 1»»1, no pennission has been publicly given to the United States fishermen to use Newfoundland inshores. ihe same thing may have been accomplished in effect by inaction of officials 132 JSo. 14S. Governor of Newfoundland to Governor General, 26th December, I891.-Referring to suggestion of Lord Knutsford that a joint case be referred to the Judicial Committee of the Priv-y Council, forwards a minute of the Lxecutive Council of Newfoundland declining the reference suggested by Lord Knutsford. The minute makes certain allegations against the Canadian Government in connection with supplying bait to the French and opjwsing ratification of the sei)arate arrangement with the United States, and concludes by stating that the interests of their colony can be best served by an endeavour to maintain the' position taken to yield no point so long tw the l^anadian Government maintains its present attitude ... 132 No. 146. Sir :!n^^„^Ji^ J- " "°?; ^^,'"'''^',.^- Tupper, 2nd January, 1892. -While no actual j^rmis- sion could be discovered to allow United States fishermen to fish in Newfoundland waters, there waa good reason for supjiosing that they were being most favourably treated. An extract from the Aventng Herald newsmi^r (appended) disclosed a means for allowing United States citizens privileges denied them under Convention of 1818 ..!!..!. 134 No. 147. ^°";k^o?'- '^"Pl?^'^ ^ ?••■ J'^mes Winter, 9th January, 1892. - Returns thanks for letter of the Jnd instant, and asks authonty to mention his nam' -. connection with recent developments reported in £wn„i2^crn/rf as to special privileges 8e< iir.«l by United States citizens in New- foiind]n,nH inshore Bsheries. 134 Xll BTO. 14tt. '^ML,£TMli!l'»![rF^r^'",i'^^°"^*^^ «*»>«". 22nd January, 1892.- &^nLfcndZJ\t« w 1^1"? adv,««d of illegality of exacti'on of license ^fl^B from for"lm.att„7e^.t™l,'?hi; end "'^" "'"'" *" '**^'" *™"""*' >«''*• *'°™"' '^'* ^''^'l"^ Paos. Wo. 140. ''«?„« !!!''' °' *.">'e"e8 to Deputy Minister of Justice, 27th January, 1892. -Forwards infomi- du^n* W^"a^*rj:itl\l'':"'^ ^"^A- *'"^,*«** ^y Newfoundland authorities unXr^it Act furth«*r hX.""'' '"****** *•"** proceedingB for the recovery thereof might be instituted without further delay. nro. ISO. ^^' NeSundUndZd^Pun;/"'''*''' ^'''/•'bruary. 18!^. -Remarks upon the difficulties between XMewioimdland and Canada m connection with the Bait Act and trade relations . 134 136 187 IVo. 151. W. 139 Wakeham to Deputy Minist.^ of Fish^ 2nd February, 1892.- Anks permission to furnish velselsfisLg'ir-ciln.Sl^ra^'duXl^^^^ ^38 sro. IBS. ^''lo'^hNotmW^l^s'^^^^^^^ 1892.-A.cknowledges receipt of despatches, or>r,L«rjIT„ ' • ^ u 'r, " Newfoundland s refusal to issue bait licenses t.. Canadians. Forwards correspondence with Governor of Newfoundland and Mr. Harvey. Her Majegtv" Government dXln"^ to reconsider attitude as to signature of convention. SuggSts f friendly SSon of differences between representatives of both Colonies . . . . . . "'_*^"^*""' °' Ko. 158. JSo. 154. ^°\SlJ^' "^'"''P?"" *° ^^- A- ?*"""• ^«l- 20th February, 1892. -Acknowledges letter of Ist instant, remartmg u^n the relations between Canada and Newfoundland? which hiw not W^^ the cl^ran' Cv^foundlate^'n"'^'^'"^"":^^ '""^'"^J «"f »> "^ «>"'^« ^^^^ S'^. Oi" «?r„,^Il i^' JNewfpundland had dmcnmmated against Canada and had acted in a very unfriendly B^S Aci.!^':! .'.'!' "^'"'"""l'''*^^'''^'''"*' ''''^ ^"''" '" obtain Royal Assent t^ the 146 Ko. 155. ^''"r«"„Sf,.^n^vl««^°"Up- ^- '^^P^'^^' 22nd February, 1892. -Asks if there will be any chance for Canadian vessels obtaining bait in Newfoundland waters during 1892. T. . . . . . . 147 BTo. 150. I-ord Knutsford to Governor General, 24th February, 1892. -Asks that substance of resolution IVo. 157. ^^' exnte.JrS.THJ'-^-.^^H'*'"' 24th February, 1892.- Acknowledges letter of 20th instant explaining Canada s position towards Newfoundland, and refers further to the subject. . . " . nro. iSH. ' "™^?er?Jthe'a.n'd wkin" T "T' ^^'!i February, 1892 -Acknowledges letter of 24th instant, and teu'^to'd^SinX^irtVn"^^^^^^^^^^ JSo. 15». ^^" tffifrs in Newfoun*dla"d^"P'*': ^'^.^"^""'7:. ^^^:-^:"^T. T.'^P*'^' "'*"^*' '"^"'^'"^ No. 160. Hon. C. H. Tupper to W. A. Munn, 27th February, 1892. 147 147 151 152 NewfounXT' K .Tn V^'T^ °i '^* Order in. Council, adopted by the G<.ven.me„t of IN ewioundlanrt. 1 here are no Canadian duties which discriminate against Great Britain No. lei. 153 of Nova srHa ^l^l^'^Y"'"^^' If^^J-^""^""^* "^Py °f ^ Resolution of the House of Assembly FehZtv 1 sio *!,* e^^<^ty, 1891, in response to request of Lord Knutsford, telegram of 24th , February, 1892, on the subject of the refus.-a of bait to Canadians by Newfoundland I63 11 xiii Paoe. ', 1892.— fees from enclosed 134 s inform- ^it Act without 136 between 137 furnish undland 138 patdieH, orwards ?rnmeiit ission of 139 nish the p of Ist ot been id. On riendly to the 140 140 nee for 147 olution ndland instant It, and t could 147 147 arding 161 152 f26th, tnada. ent of embly pf 24th 153 163 »•• >•»• Page. Hon. C. H. Tupper to W. A, Munn, Igt March, 1892.-Acknowledgeg letter of 29th February Prospects are good for a friendly discussion of matters with Newfoundland . . . . ! " . T. ." 166 Ju „■ i; T"PH«^*P Reuben Ritoev, Ist March, 1892. -Replying to letter of 22nd ultimo. There « no change m the position of affairs regarding affairs betweeS Canada and Newfoundland f^^ 156 K*. 1«4. ^^' ilif^J'""!**',""^ P\^' '^."PP*''- 3"! March, 1892.-AcknowIedges receipt of letter of Ist instant. Is pleased to hear of prospect of an early settlement of difficulty witti Newfoundland*. 157 No. 1«S. Minute of Council, 3rd March, 1892.-peals with a despatch from Lord Knutsford, 11th February S'h 'T^'"? ?"fr«l'°n''«'«« «it»J Newfoundland Government and Mr. Harvey; staS that Her MajeHty's Government may have to reconsider their attitude i^gaiding the sewrat ear^ t^vf^ w"xT* f «"T''*'?^ conference between representatives of the two colonies. All^K••«* Britein waH the i«int at which negotiations with CaS broke off. Canada cannot suppose Her Ma esty's Government will approve a convention dis H[r«r" wTti'''"*^^"'?'!^'''"''- P«'P08al for a conference aciuiesced in and the ffigh Comm s- TnT™ " t^ inatructed a«x.rdingly. Pending result of reference to Privy Coundl and conference, Canada proposes that position piior to the enforcement of the BaitAet be rev"rted to 157 No. ia«. ^' wit&p^nSTy New"ounE: ''' '^'^''^ ^««.-Hopes Canadian proposition will meet 100 No. 107. W. A. Munn to Hon. C. H. Tupper, 6th Maroh, 1892.-Mr. Harvey on his way to Newfoundland. . 161 No. 1«8. ^' f;?*""" ^J^""^- ^ ^i Tupper 5th March, 1892.-atate8 Newfoundland has not yet heaH of any. pr<.po8ition. Newfounifand's proposal that Canadian Government should withdraw pnrtest against convention 18 sure to be insisted on -a ii,ui^ mw proiest No. 169. No. 170. Hon C. H. Tupper to W. A. Munn, 7th March, 1892. -The appointment for Thursday is for Cana- dian millers. There is no occasion to trouble Mr. Harvey .V. . . . ! T. . . ... . IGI No. 171. ^'")i^^^ S°f "v ^' ''*'l?^*Tll;,^^''x;~9*''*'?,» "^j^h * telegram from the Governor of Newfoundland dat*d 21st November, 1891. Newfoundland defend their action in refusing bait to CanXns on the ground of self-protection and Canada's opposition to separate convention. The^ reasoni areapparenUy an after-thought. In all previous negotiations sale of bait to French^nvaSy contemplated Only in spring of 1886 was exception taken. In seeking to secure Royal Assent to Bait Act, Newfoundland's representatives had fearevl br(*ch of Actly their own people not Canadians, and assurances had been given of uniform treatment of British subjects. Tt is New- foundlanders who infrin«e the Bait Act. . Opinions of Newfoundland authon'ties now are ve^ British subje^cts^'" ^ " Pi'edecessors on the subject of discrimination againrt ' 162 No. 17«. ^'"ffl^L^^"""i"'-^*'' ^^'"■''''' 18«2.-Remark8 uiJon an appended extract from 8t. .Johns Eveninn Herald, disclosing ameansof most favourable treatment of United States citizens, according to M^il'^J^^^^ Tr** ^^ *«^ Convention of 1818, while excluding Canadians from righta k to J?».wl^*^ f • ^ • ^'f 'A "° '^""^ i? *^ argument that the pro,K«ed! convention was not meant to discriminate against Canada. Its language bor« such interpretation, and Canada's exwri- ence in the light of i^evious pledges naturally led her to view tfie investment of further 3e™ on the Executive of Newfoundland with alarm IJuwors ^^ No. 173. '"' duriS'^sy'^ urs^i.^. ": ."I^t:": '^.'^!^. "^-f^, ::.!'« t, ^^r. ."""^ ^i No. 174. **""i*r^' ^^^ °^ '^^^f Ki *''i^ ^T ?• ¥• ^J^P**"' 17th March, 1892.-Communieating Minute of 15th March on probable loss to trade in Canada in conseauence of TariflF diffi.,nltie« h«tw««n ixcivioundiana ana the DoiHimou " --■•«— u nv Ueimty Minister of FJHherieg to Board of T«J n.r . . * Pa««- Mmute of 15th March. im%^i -laSe^ifeTfLa^Ma-''. '802- Acknowledge. 172 Uepartment of FisherieH to John Vacher ^y Newfoundlander adjacent to FURTHER PAPERS SUBMITTED TO HOUSE OF 181 COMMONS, 20TH MAY, 1892, No. 100. '"1)r^?f the 183 . Xo. 101. "-'^atUlaM ft„ttd=^f''th'^^^t^""^-^'='>"'''-« '" ^'-^^ -'- Pack, V-wt. . ' l»*po«ed conferenceH and wislies ivo. loa. la-) 'n!iruW„';'&rpri:^r„»sjxt^^,^^^^^^^^^ STo. 188. ""' pfJS ^o aotdttini""'- '^'^-^^'^^ '' -^ °^J-*- *° telegraphi ing Canadian . 185 ISo. 104. ''"lat'u^P^.^etdS wSnd"'":. :"'"': '''':-'^':^^, .•^°'."' «-'"*- P^H-d by Legis- Wo. lOS. '"1oSe\l^:^n*^ScSo^^«'!''^^!'^^ '- - objections to STo. lOO. Lord Stanley to Sir Terrence O'Brien 16th Anrll 1«fi9 p.,, t » enforcenient of Bait Act, and suggeTc^nferen^ 7^ '^ *°. ;*".•""'; ""'"* 9«<' '"'^^"or to STo. 107. *^ '"rh^^Si 'Can'^ffi&ff .^P"'- I'^^^.-Repudiate^ assertion that Newfoundland 186 186 187 187 —difi. No. 1. Cektified Copy of a report of a Committee of the llonourahh the Privy Conncil, upproiml by Ilw Excellency the Governor General in Council, on the llth April 1887 :— The committee of the privy council have had their attention called to the reserved bill, passed by the legislature of Newfoundland, on the iUt of February last, entitled " An act to regulate the exportation and sale of herring, caplin, s(iuid, and other bait fishes," and now before Her Majesty's government for the royal assent. The minister of marine and fisheries, to whom the said bill was referred for report as to its eflfect on Canadian fisheries, submits the following report thereon : The first section of the bill is as follows : — " No person shall " (1) Export, or cause or procure to be exported, or assist in the exportation of, or " (2) Haul, catch, purchase or sell for the purpose of exportation, or " (3) Sell or purchase for the purpose of sale any herring, capelin, squid or other bait fishes from, on or near any paits of this colony, or of its dependencies, or from or in any of the bays, harbours or other places therein, without a special license in writing obtained from the receiver general of this colony, which license may be in the form set forth in the schedule hereto annexed, and shall be of no avail beyond the fishing season for which it is gmnted. ' Any person found hauling, catching, taking, shipping or conveying any of the said fishes within the limits set forth, or having them in possession, may be examined on oath by a justice of the peace, officer of customs, fishery wai-den, or person commissioned for the purpose, as to whether the fish are intended for exportation or sale. If he refuses to answer, or answers untruly, or ft., "s to produce a license, the vessel may lie seized with tackle and outfit and brought before any stipendiary magistrate, and the person shall be guilty of an offence against the act. The license provided for in the act is to be issued yearly. The following are the penalties : — First violation, a fine not exceeding $1,000 and in default imprisonment not ex- ceeding six months. Second or subsequent offence imprisonment not exceeding 12 months, offenders are tried and fines recovered in a summary manner before a stipendiary magistrate by any person who may sue for the same. Half the fine goes to the prosecutor and half to the receiver general. The unsuccessful prosecutor in any case is paid his reasonable expenses and fair compensation for the time and labour expended in such prosecution. xVn appeal can be had from conviction of the magistrates' court to the next sitting of the supreme court. In addition to the penalties above mentioned the vessel belonging to or used by the offender, with all outfit, tackle, Ac, is liable to be forfeited and sold at public auction. The act comes into force when the officer administering the government notifies by proclamation that it is Her Majesty's pleasure not to disallow the bill. The bill, if it becomes law, will, to a large extent, affect British and Canadian fishing interests. 1. Our fishermen upon the Grand Banks will be cut off from their free supply of bait either by purchase or catch. 2. Our fishermen upon the coast of Labrador will be debarred from the privilege of free catch of herring and their hitherto untrammelled trading in herring. 3. Whatever trade is now done by Canadian vessels in herring or bait fishes upon the Newfoundland coast will be no longer left free. 23c to 23A— 1 Ill all these ca(,e8 Crtiimliiiii fishennen (ir merchants will h« nM;«.,i * * i hcense from the Newfoundland government ThH .n.Kil. „, T T'! *".*"•"* " are to he iriven are not stated ..or ill? T.. ■">« conditions ujM.n which these licenses •any case. Ly! i^' i.:::^Tl:z i^::^;:; ^■''''*^'*"- *^"^ •'•=-- -» »- --«'• In other Imit fishes is concerne,!, ancl if SLs a " «r ant«f T^^ ''''"'T/" ''"''""*'• **"'' delay and some probable c.,st in ol.tai„i.'gThJ«' *" "'"' """ '^ P"* *"»''"'* Any Canadian vessel, even with license, will be in danirer of beini/ b,v.„.,».f l^# and trade in ail kinds of fish. *^ ^" '^"'*^"' P"''<^1''wp teen engi^ed in this fishery ^ ' ' °""»"""8 ''"« '"'>., are known to hnve c'rwhitt 7";:: r;en^^Tf isfn^ 7S:J.^7'Th' -f^Cd?nS liberty of taking fish ' ^'"'^"^ ^^^^^' *'^^"""«" ^^"^ granted the The following are the copies of telegrams above alluded to :~ „ ^ ,. Ottawa, 30th March, 1887. t/. K Kaulbach, Lunenburg, N.S. ' Please say to what extent Nova Scotia fishinir vessels fiobino. »« Ro u j ... JOHN TILTON, D.Jf.F. John Tilton, Deputy Minister Fisheries, Ottawa. Lunenburg, 31st March, 1887. C. E. KAULBACH. ir ir sa se F observations:— ' uimu nuoiiuis the tollnwm^ luldiUonal toso;L:nh;':;;t^:j;!::;;i;:;;;':;^;;^!l;;^^^ ...t ....,„,..„«, chasiMK Imit extends to all placs " ^ . ,, ^ , „J,^" ;?:"""';" '" ^^'''''^ '" F'"'- h.kI its .U,,,e,ulm,cie.s." This really uivL no , n.M '" T',""^ "^ Newf..u,i,l!a,„| <>f being - be "iTt'^V-'''^'^ *^"\^*'" ^- ^^^""^ enclosing a letter to him from Mr. Phelp , Lnited Mates Minister in London on the subject of negotiations for an arrange- ment between the United States and this colony in relation to fishery questions, and S„i f;^«t that the granting o permission during the present season to the Umted States fashermen to obtain supplies in the ports of this colony, would be regarded wth favour by the government of the United States in connection with .such negotiates Ihe council are gratifaed at the expression on the part of the United States ^ZaZT "^ y ^"P""?*?" ^? *^"'" P"*-* **^ '''''' "P«" negotiations in rek on to tW important question in a friendly spirit. in J^^ *=0"ncil are of opinion that it would be greatly to the advantage of the colony Tinted ^rr^^'r^T^l^l" ^^•■'^'^ independent (separate) arrangement with the thafllh > "l '■' nT 'l^'^^'^ r' ^*^^'" -^"Snate questions and that it is desirable that authority should be obtained from Her Majesty's government for the purpose of opening communication with the United States go/ernment upon the subject a7soon as opportunity may appear favourable, subject to such conditions as He! MajesTs government may consider it advisable to prescribe. ^ ^ M. FENELON, Colonial Secretary. No. 11. Certified ^^pj of a Report of a Committee of the Honourable the Privy Council, approved by Ihs Excellency the Governor-General in Council, on the 11th October, dRfp75ofl?T"""i wl-*/ ^^^ ^J'P """''"^ ^^^^ ^"^ ""^«'' consideration a despatch dated -'0th May, 188. (.secret), from Sir Henry Holland, enclosing copies of correspon- menTnf ^ '? Sf'!,"^ f'^'-^'V*''"/"^''"^''^ office and representatives of the govern- ment of Newfoundland, then in London, regarding the Newfoundland Bait Bill follows •^-'"''*^'' """""^ *""* fisheries, to whom the papers were referred, reports as Uth'lLn^ZT *'"°" *l'u '^"'•^^■^Popdence that a copy of the minute of council dated 11th Apt iJ, 188/, urging the objections taken by the Canadian government to the Bait Bill becoming law, was submitted to Sir R. Thorburn and Sir Ambrose Shea for their Sat fhTtu"' ^\'^f^' "'^^^ t^'-^t? ^y these gentlemen conveyed ample assurances that the government of Newfoundland in the passage of this bill were not actuated bv any desire to curtail the privileges of British fishermen, and had no intention of allow- ing the law to be operated to their prejudice ; that no regulations were proposed which would unnecessarily hamper the operations of their osvn and British fishermen, and that every facility would be afforded for procuring the licences under the act " ^f V * ^' ?""?"/" also authorized the despatch of a telegram by the attorney-general of Newfoundland to the Canadian government, conveying the assurance that Ca^iadian hshermen would enjoy equal privileges with those of Newfoundland, and that there would be practically no restriction on the bait supply of any British subjects These assurances appeared to Her Majesty's governjnent to otter such sutficient ^teguards for Canadian interests that Her Majesty was at once advised to assent to the The committee concurring in the report of the minister of marine and fisheries respectfully recommend that your excellency be moved to transmit a copy of the despatch alx.ve mentioned, and enclosures (permission having been obtained from the Colonial Secretary) to his excellency the Governor of Newfoundland, for the considera- tion of his ministers and with a request that they will indicate at the earliest con- venient period the nature of the regulations under which it is proposed that Canadian subjects shall enjoy the rights of fishing and procuring bait in the territorial waters of JNewtoundland. The committee further recommend that your excellency l)e also moved to transmit a copy of this minute to his excellency the Governor of Newfoundland. All which is respectfully submitted for approval. JOHN J. McGEE, C/firk Privy Council . [Enclosure 1 in No. 11] {Canada-Secret.) ^''''''''''' ^™'^'^"' '^^'^' *'^>' l^^"" ,f,i,^^Llf^^'~r^}'''r' '^^ !•""''"'■ *^ acknowledge the receipt of your despatch, secret, ot the 12th of April forwarding a minute of the privy council urging objections to the le^islatur^" ^ ^"^ ^"^""^^ '" *^^ P'"^^^"* ^^^^'''" °^ *^® Newfoundland A ou "'^"^l" r"/ ^^^P^*''^ '^nd its enclosure to be referred to Sir R. Thorburn and Sir A. Shea, who had been delegated by the house of assembly of Newfoundland to make representations to Her Majesty's government on the subject of this bill, and I enclose tor communication to your ministers copies of their replies, and also copy of a memo- randum by Sir Alexander Campbell, whom I consulted on the subject The explanation given by Sii- R. Thorburn as to the scope of the measure and his assurance as to the manner in which it will be worked, appeared to Her Majesty's govern- ment to offer sufficient safeguards for Canadian interests, and they did not therefore hesitate to advise Her Majesty to assent to it. Should your government desire such a formal assurance as to the issue of licenses under the act as is suggested in the 4th paragraph of Sir A. Campbell's memorandum, I have no doubt it will be readily given by the government of Newfoundland. I have, itc, H. T. HOLLAND. [Enclosure 2 in No. 11.] Sir A. CampheU to Colonial Office. (Private.) Memoraxdum. Brown's Hotel, Dover Street, London, 29th April, 1887. I have read the despatch of the Marquis of Lansdowne, dated Government House, 'Jttawa, Laiiuda, i2th April, 18Sv. 10 The Newfoundland bill is open to the objeetions which are taker in the despatch and its enclosures, particularly when read in connection with the explanation said to have been used in the legislature of Newfoundland by the attorney general of tlie island. The object of the bill, as avowed by the delegates from Newfoundland, is not that which the Canadian government has apprehended. Sir Robert Thorburn and Sir Ambrose Shea affirm that the bill was intended exclusively against foreign fishermen (French). Upon that assumption the enactments, which are criticized in Lord Lans- downe's despatch, and the enclosures, would not have seemed formidable, in my opinion, to the Canadian government. There would, perhaps, have been embarrassment in. Newfoundland in framing the bill to give eflfect to the intentions with which the delegates say it was passed, but why then did the attorney general of Newfoundland give the interpretation of it which is referred to in Lord Lansdowne's despatch 1 It V :U be impossible for the legislature of Newfoundland which is understood to be now sitting, to alter the language of the bill, but perhaps it might be done at another session by that legislature. In the meantime, I should think that an official declaration from Newfoundland (which should, I think, rather be addressed to the secretary of state for the colonies than to the Canadian government), stating that licenses under the act would issue to Her Majesty's subjects in Canada and elsewhere, on the same terms as to those residing in Newfoundland, should be sufficient to induce the withdrawal by the government of Canada of the protest contained in Lord Lansdowne's despatch. The penalties mentioned in the bill, and other features objected to by the Canadian government, strike me as matters over which che legislature of Newfoundland had control, and may have been considered by them necessary to remedy an evil which they assert is ruining the colony. I have not heard from the Canadian government on the subject, and have no authority from them, but have simply indicated my own opinion. A. CAMPBELL. [Enclosure 3 in No. 11.] Sir A. Shea, K.C.M.G., to Colonial Office. Hon. Sir R. C. A. Herbert, K.C.B., 4 Princess Street, Hanover Square, 27th April, 1887. tfec, (fee, lilC. Sir, — I have the honour to acknowledge the receipt of your letter of this date enclosing copy of despatch from the .governor-general and minute of council of Dominion government objecting to the confirm^ation of the Newfoundland Bai.t Act by Her Majesty's government. This act was passed to protect the bait fisheries on the Newfoundland coast against their use by foreigners whose bounty assisted operations have been disastrous to British interests. The measure embraces the rights of all British fishermen, and regards them in the same light in every respect. Canadian fishermen, in common with our own, are seriously affected by the bounty assisted rivalry of foreigners, and must in a corres- ponding degree be benefitted by our conservative legislation. The working clauses of the act are such as local knowledge only could have wisely devised for its effective execution, and I may observe that they were adopted mainly by regard to thtnr application to the limited number of our own people by whom it was thought the ohief efforts might be niade to infringe on its provisions. Such an enactment was necessarily framed in general terms to avoid the declara- tion of its specific bearing on foreigners, which, on international grounds, might have raised difficulties to its acceptance by Her Majesty's government. But I feel the Dominion government has no real ground for its opposition, from which it will at once r J., * * i J ( ( •f f i t I t f a s a a 0 c c t a ii P c tl ti b \ 11 recede when authorized assurances are given that in carrying out the law no supposed ambiguity in its terms will be allowed to operate to the prejudice of Canadian lishermen with whom we have common rights on the coasts of the Dominion. " It must, I submit, be manifest that the course taken by the Dominion government has arisen from a complete misapprehension of the views and pui-poses of the New- foundland legislature, and while I should regret if they could be justified in their con- clusion of such unfriendly legislation, I feel Her Majesty's government will be satisfied that such impressions are unfounded, and moreover are fully explained away by our statement of the aims of the act and its assured uniform application to all British sub- jects. I do not think it necessary to consider the objections in detail, but I would observe that the objection taken to the "immediate neighbourhood" to be included for the purposes of the law, is answered by the fact that the law cannot operate outside the jurisdiction of the gove-nment of Newfoundland, and that the terms "immediat& neighbourhood " must be construed as being within this limitation. I have, (tc, A. SHEA. 1 1 J [Enclosure 4 in No. 11.] Sir R. Thorburn, K.C.M.G., to Colonial, Office. 4 Princess Street, Hanover Square, 27th April, 1887. Sir,— I beg to acknowledge receipt of your communication of to-day's date covering copy of a despatch from the government of the Dominion of Canada of date 12th April^ emb(Kiying a minute of the privy council, setting forth certain objections to the New- • foundland Bait Act, and asking Her Majesty's government to delay giving assent to that measure until an opportunity had been aflforded the government of Canada of expressing an opinion on its assumed interpretation of the act. I feel constrained to say that such opinion is at entire variance with the spirit and intention of the Act, and feeling certain that such is the case, I waive consideration of the question how far the government of Canada, or, indeed, that of any other govern- ment, save that of Her Majesty, has any right to interfere in a question which involves the right of the legislature of Newfoundland to make such laws as it may deem proper for the regulation of its own internal afiaii-s and the conservation of its property, righta which are not affected by treaty obligations, nor in their operation under the proposed act interfering deferentially with the privileges of any portion of Her Majesty's SU,lt)16CtS. I append copies of cable despatches already sent to our own provincial government and that of the Dominion, which, I venture to say, very clearly define the intention and scope of the proposed legislation, and I reiterate the assertion that by no manner of construction, implied or otherwise, can the act be construed to affect in a deferential; manner the fishermen of any British possession, but it will, I submit, te readily con- ceded that the colony of Newfoundland has a perfect right to enact su^h local regula- tions as may be deemed necessary for the eflicient management of its inshore fisheries, and to which the fishermen of all parts of Her Majesty's dominions must be amenable in like manner as are the inhabitants of the colony. To illustrate the case more forcibly, the fishermen of Newfoundland, when partici- pating m the fisheries of the Dominion, a matter of frequent occurrence, must and do conform to the local regulations governing the same, and it would be presumption on their part to argue that any other course could be pursued. Why, then, should Canada assume the right of interference with similar regula- tions in a sister colony over which she exercises no jurisdiction ? I respectfully submit that the objections raised are entirely untenable, and cannot be founded on grounds other than entire laisconeeption of the scope and intentions of 12 the measure, which, so far from prejudicially affecting the interests of Canadian fisher- men, must materially assist ^-,he success of their operations in curtailing the competition of foreign fishermen— firstly, in procuring the essential supply of bait, and secondly, in dnninishing the quantity of bounty protluced fish, the depressing influence of which in foreign markets has been experienced by Dominion fishermen as well as by those of Newfoundland. .No difficulty will arise in procuring the license required by the act, as it cannot be supposed that regulations will be imposed that would hamper the operations of our own fishermen in an equal if not greater degree than those of our neighbours, and provision will be made on all parts of the coast of Newfoundland for the issue of licenses. The objections taken to the mode of procedure in cases of violation of the act I do not propose to discuss further than to say that here again the penalties aie of general application, and the Dominion government cannot reasonably object to a penalty that will fall with eiiual severity on our own citizens. The inference drawn by Sir G. W. Des Vwux in his despatch relative to the Bait Bill, that Canada would suffer from its disallowance, inasmuch as /.merican and other foreign fishermen would continue to procure their bait supplies in Newfoundland waters, particularly if excluded from this privilege in the Dominion, seems a perfectly correct conclusion, and serves practically to illustrate the desirability of British fishermen retaining the undivided control of so important an element as the bait supply, giving them a vantage ground over their bounty-sustained rivals. No importance need be attached to the point raised as to the application of the Bait Act to the coast of Labrador, as that coast is not frequented by fishermen trading in bait, and there is therefore no necessity for interference with fishing operations out- side of the scope of this act. I have not seen the question nor answer of the attorney general of Newfoundland, as to the application of the Bait Bill to Canadian fishermen, but I am certain his answer, however construed, could only apply in the manner I have indicated. I have, «fec., ROBT. THORBURN, Premier Xetvfoundland. Sir RoBT. C. W. Herbert, &C., itc, »kc. r.'l -r [Enclosure 5 in No. 11.] Attorney General. Canadian government evidently misunderstood scope and intention of our Bait Act. Assure them promptly by telegraph that their fishermen will enjoy equal pri . ileges with our own, and that practically there will be no restrictions on bait supply of any British subjects. THORBURN. To Sir C. Tujyper, Ottawa. , Your fishermen are on same footing as ours under Bait Bill, and no practical impediment in way of either. Our government will give any required guarantee that this is our reading of the act. Advise colonial office soon as possible that this explanation is satisfactory. THORBURN, SHEA. 1 ii 18 No. 12. Governor oj Newjmindlnnd to Lord Lamdowne. Government House, Newfoundland, :28th November, 1887. His Excellency The Marquis of Lansdowne, G.C.M.G. My Lokd,— I have the honour to acknowledge the receipt of your letter of the 20th October, enclosing correspondence concerning the Newfoundland Bait Bill, whicli I laid before my ministers. I have the honour to inform ytjur lordship that the act will not come into operation till January next, the regulations of which have not yet been framed, but as soon as they are, published copies of the rules will be forwarded to the Canadian government. I have, etc., HENRY A. BLAKE, Governor. No. 13. 1 i Cekiified Copy of a Report of a Committee of the Ilonournhle the Privy Council, approved by His Excellency the Governor Genertd in Council, on the 11th May, 18SH. On a memorandum dated 9th May, 1888, from the minister of marine and hsheries recommending that in pursuance of the act of parliament of 18H8, entitled "u^'i A''*^ respecting a Treaty between Her Britannic Majesty and the President of the United States " and pending the ratification of said treaty the modnn vivendi set forth in the Protocol, Schedule B., of said Treaty be put in operation, and that in accor- dance with section 1 of said protocol, he be authorized to issue to United States fishing vessels through the collectors of Her Majesty's customs at recognized ports of entry in Canada, or such other officer of the government of Canada as it may be found expe- dient to appoint, annual licenses in the annexed form, granting United States vessels permission to enter Canadian bays and harbours on payment of a fee of $1.50 per registered ton, for the following purposes, namely : — («.) The purchase of bait, ice, seines, lines, and all other supplies and outfits. (6.) Transhipments of catch for transport by any means of conveyance. (c. ) Shipping of crews. Subject always on the part of vessels holding such license to a due observance of the laws of Canada. The minister further recommends that in view of the provisions contained in sec- '*°V ^^ *^^-' ^*°*^°' *^**^'® referred tf., the government of Newfoundland be advised of the intention of the Dominion government to issue these licenses and to invite on the part of that government a recognition in the bays and harbours of Newfoundland of licenses issued by the Dominion of Canada to United States fishing vessels and to convey to the government of Newfoundland an intimation of the willingness of the Dominion government to recognize to a like extent all licenses issued by the govern- ment of Newfoundland to United States fishing vessels, it being understood that in cases where such fishing -.essels under license enter during the same year parts both of the Dominion of Canada and of Newfoundland, the fees collected upon the licenses shall be equally divided between the respective governments. The minister, with the concurrence of the minister of customs, also recommends that under the provisions of section 3 of the protocol of the treaty of Washington all United States fishing vessels entering the bays and harbours of the Atlantic coast of Canada, for any of the four purposes named in article 1 of the convention of 1818, and not remaining therein more than 24 hours, shall not be required to enter and clear at the customs house, provided they do not communicate with the shore. 14 The conunittee advise that your excellency be moved to forward a copy of this ininute to the right honourable the secretary of state for the colonies, and to Her Majesty s minister at Washington. The committee further advise that your excellency be also moved to forward a copy *nf n»n"te to the governor of Newfoundland for the information of his government All which 18 respectfully submitted for your excellency's approval. JOHN J. McGEE, • Chrk of the, Privy Council, O'overnor of Xew/onndland to Lord Lansdonme. 12th May, 1888. My government agree to your proposition with the proviso that in cases where any vessels use the coast of the Dominion and of Newfoundland, the license fee shall be equally divided, also that all annual licenses shall expire on the 31st December in each year. GOVERNOR, NEWFOUNDLAND. No. 15. Ottawa, Uth June, 1888. The Hon. M. Fenelon, Colonial Secretary, ' ' St. Johns, Newfoundland. Sir,— I have the honour by direction of the honourable the minister of marine and hshenes to enclose triplicates of licenses issued by the collector of customs at Port Hood, N.S., to the following United States fishing vessels :—- "Bessie M. Wells," of Gloucester, Mass., 92 tons, Wm. N. Wells, master. Issued by Collector Tremain, of Port Hood, N.S. " Alert, " of Gloucester, Mstss., 87 tons, James McShara, master. Issued by Col- lector Tremain, of Port Hood, N.S. ' I ain also to state that triplicates of licenses * issued will be forwarded you from time to time as received by this department. The minister will be glad to be furnished, as may be convenient, with duplicates, or list of licenses issued under the modus vivendi to United States fishing vessels under the authority of the government of Newfoundland. I beg also to enclose for your information copy of the confidential instructions which have been issued to the collectors of customs at all ports in the maritime pro- vinces, at which United States fishing vessels are likely to call. I have the honour to be, sir, your obedient servant, JOHN TILTON, Deputy Minister of Fisheries. No. 16. Copy of a Heport of a Committee o/t/te Honourable the Privy Council, approved by His Excellency the Governor General in Council, on the 2nd July, 1888. The committee of the privy council have had under consideration a telegraphic despatch dated 12th May, 1888, from the Governor of Newfoundland, advising that his government agree to the proposition for an equal division of the fees in cases where t tJ ^"""ii ^^^ y^J^^' ** licenges were issued, copies were supplied as above to the colonial secretary dlSinued "^^ continued well on into the season of 1889, when finding no resp^^setwM ) J5 ■) <«pir«ontl,e.1I,totDecei„l»ti„e.cl,yM,' ""««"""« """ "" '""™"l Uten*., ,l„ill The minister of marine unci fisheries ti. «rl.,.i.. +u« „u x i submits that under the proviso of the W'^ .7tW; *'?%'*'^'^'« t«™"' ^'^ '^tVrred. is of the opinion that licLses so i™ 'Sf^r, , ' J tvt fZte 27; •" """'.' ^ t^::3r£:bii:;;^r=.^i^r^^ ooveiVorSci^,nrd"Shrl.;t:n'^oVtr^^ ''^ '""^-^'^ ^•' -^"■••» *•- t;^ thatthis .adin. of l£::z:-:^.t^^z^^z :£i-!r:^ All which is respectfully submitted for your excellency's approval JOHN J. McGEE, Cferk of the Privy Council No. 17. Govertior of Netofmmdlaiid to Lord Stanhy. ■ MvTo«n W.K ^r""''""'''' ^*'''''' ^^''^^'''''^"^^"' 29th August, 1888. honouTto^rre^^^^^^^^ I have the to^the^^durat^on of licenses granted to Unite. States ^shiL^^ tfet'unZ TtS I have, etc., HENRY A. BLAKE. [Enclosure 1 in No. 17.] ExTHACT/ro,u minutes of Council of 2ht Au{ntsf, 1888 council think, be inferred from the f ,it Sfll ^ . '"''f * '''''*'*'^*' "^y- ^^e p^tdSur^ councd which would leav, v.ryi„g tra=tio„r„r» 'yt/rSpel,*; (A correct copy.) J. N. WITHERS, For Clerk of Executive Council. 16 No. 18. Copy of a Bevort of a Committee of the Honourable the Privy Council, approved by Hia Jixcellency the Governor General in Council on the 15(h September, 1888. The committee of council have hud under consideration a despatcii dated UOtli August, 188K, fnmi the Governor of NeNvtoundland. in rehition to the duration of licenses Kmntrd t.. United States fishing vessels under the m>du>, vivemli ,>i the " Ireatyof Washington Act, IHHH." The minister of marine and Hsheries, to wlu.m tiie matter was referred, reports that a miriute of council of the 2nd .luly last was communicated to the (Governor of New- toundland, acceding to the proposal of his government for an eciual divisi.m of the fees 111 cases where the United States tiahing vessels obtaining licenses under the modu,^ ruv'/„A use the coasts of Newfoumlland and of the Dominion, but that with reference to the further suggestion of the government of Newfoundland that all licenses should expire on the 31st of December in each year, the committee of council did not c(mcur but api)roved of his recommendation that licenses issued under the imnlus vivendi should run a year irom the date of issue, and the committee reccmimended this view *or the consideration of the government of Newfoundland. The minister states that it appears from the despatch now under consideration that the executive council of Newfoundland, for reasons therein set forth, are unable to accept the proposition of the privy council of Canada as to the duration of the licenses issued under the modus vit'i'wli. The committee, upon further consideration of the subject, and in view of the necessity of a uniform action by the two governments in this regard, recommend that the sugj'estion of the government of Newfoundland be concurred in, and that in future all annual licenses issued under the modux vivendi should expire on the .'Jlst of Decein- Jjer in each year, and that as the licenses already granted in Canada under the modnx Vivendi have been for twelve calendar months frt.m the date of issue, to avoid any inconvenience to United States fishing vessels holding such licenses, the government of Jsewfoundland be requested to recf)gnize their validity. The committee advise that your excellency be moved to transmit a copy of this minute, if approved, to the Governor of Newfoundland for the information of his gov- ernment. ® All which is respectfully submitted for your excellency's approval. JOHN J. McGEE. Clerk of thu Privy Council. No. 19. Governor Blake to Lord Stanley. Government House, Newfoundland, 2nd October, 1888. The Right Honourable, Ijord Stanley of Preston, etc., etc. My Lord,— I have the honour to acknowledge the receipt of your lordship's despatch of 25th September, enclosing an approved report of the privy council agreeing to the suggestions of my government as to the duration of licenses gran 1 under the I'lodus Vivendi, and to acquaint your lordship that my government will recognize the validity of all licenses granted by the Dominion of Canada at present. I have, ifcc, HENRY A. BLAKE. i. 1 i I '4 TA IT No. 20. Hon. M. Fenelon, ^*'^^ October, \HHS. CViloninl Secretary, St. JohriH, Newfoundland. Please send lue list «f „iofiu^ vireudi licenses ikmhwI t., rinto ,..„i i, . CHAS. H. TUPPEK, Minintur »/ Mnrine awl FiMh^iinH. No. 21. Copy of a R.,>o,-t of a Committee of th.- Ilon.nrahh th. Privy Couucif, approved (.„ His Lvcem^u^y th. Governor G'emraf in Counei/, on the J'tk XnrenJJ^HSS the pnv^ege. .he Hce™., confer „p„„ U„il„l Sute. ti.hermen "oS ,,?• ' ' """' ih,e,jj,"t;:jxrj'„::.r.??rj^^^^^^^^^^^ j. The right to tranship their catcli nnd to ship crews. The minister further states that although full and complete returns have not v.. heen recer-ed with regard to the result of the fM. season's Stag Kth ",7f™ E interim leprt, of the ollice™ in charge of the cruisers engaged i^* he S>So„Tf h^ faiien''t'rt'of°r."v:,:^'':„'i"°"''°"*«"'""* •"■''■ *= "-"'-'tch ha, ii.g. y'l'idS's :;s^„".rxt"'^:*' -^""'^ *' " "-' "■»*-«*• nuejc'^pr^K'li^lfhXn^^t^r^exS't^^^^^^^^^^ Dunng the season, 34 United States fishing vessels, a list of which is annend^l greater numbers and doubtless had the season been an average one for seiners a much larger number of licenses would have been applied for. In one case it wTrnnrt^J f ltdr"*r fr'r r' "«^«r ''''' ^ --*-°f '^ UnYtedltat SshTng vSat^^ w^^n^ttr^ii^irh^tzs '"^ '-''''-'''^ ''^' '- ^"^-^ - - sr';r^ The minister desires to mention that the privileges granted under the lioenPP« 'Z^lo'SZT^.lT'"-"^"' -— «> '— • i»uedT„ter S„d Hcen^^'ssS:r:^L"n't^^^^^^^^ ^'tJe-Zl^^^tS s^tet^a't S„°/ Canada has, however, from time to time, furnished Newfoundland wTt^ a Hst of the meTof «T'*-^^''^''r'"'"«"' of fisheries; the licenses firsr^^Ld by the deLrt nent of hshenes were for a year from the date of issue. This being obiected to hv the government of Newfoundland.it was subsequently a-r^ed thar "if hWe > nl^ termmate on the 31st December °" Jicenaes »huuld 23c to 23A— 2 18 The mini.st..r fuitluT Ht.»t<.s, with referptiw to tho nuinlHT of visits t,. r-un..,li... >imtH ,lun,.K tl». ,„i«t HOHHon. that .; ..w lK,«n i.nfmHihIe to oht,ii„ minplnte nfor.nat . Men, th t th.. ic.«,.s« ..x.m.ptHl th.-.n fn„u .v,mrti»K 'it tJ.e .UHtoins houses ami that neZr t •'' ^-"•t^'••"'l»^»^••:'.'•y these vessels the collector .lid .";;o |e i necessary to exercise a strict su{)ervisioii over them. The minister, however, from data in his posseMion, is al)le to submit for his excel K;rt'o;'Snlr;;i''"«''/'- 'T' «^»'-K -seK fifty-two Ameri'^.^; vS :'„^V I u? u ' N'" «««'»*'«. «'Khtv-n.ne times, an.l eleven visited ShellH.urne and the outimrtHof Hhells^urne, two hun.lre*! and nineteen times for differenp^rpe under the license system during the season. purposes unilei The ministei' i.s „f opinion, in respect to the working of the license HVHtem that the int";rr Tli^'^ *" *'" l^nit-l states Hshennen under the .\"«^*^"«"« «y«t«"' «re none th^ less%vppa,-ent fnd wouh be The tH.mmittee concurring in the above report, recommend that your excellencv h« movetl o forward a copy of this minute to the Governor of NewfoundS 3 ,m intimation that a report as to the working of the license system andrto the ex^ All which is respectfully submitted for your exceUency's approval. JOHN J. McOEE, Clfrk of the I'rh^y Council. ^ ' * » • 4 1- 19 ♦, ' * * m « rKnclo«tiri> 1 in No. 31,] Li8T of UnitiHl HuU)» FiHhinff V«h ,.|s t.. which r .•..,..,««. ^ • H lo wfucri Liorwea were isNUPd in IMHH, under the NftHH- of VniMwl, aiiMicMtHr, Mum. (I.. Ho ol [[ Shelhurne .. ,,',[' j Yarmouth ." . |Barringt*m ." '. 'LiveriMJol Barringt' «"«> oi $1,000 that the bait shall be used bona fide ior the purposes for which it is obtained. This license is issued on SriT/r t r *'1 °* °"l^°"'^'' P"' *""' '■'^^ ^^'^^^' the holder to purchasriai' for three weeks, but only to the extent of one barrel per ton register. Should fresh sud S a t^r ^' r^' ^^''\'^^ ^^^v^iioa of three week! the vesselmust re eS at a customs port and again take out a license on similar terms to the fii-st and so on through the fishing season. Light dues will of course be exacted as hereSore " underwhichThJ'LTrr^ ^ remind the Canadian government of the circumstances under which the Bait Act was passed, but in explanation of the procedure now adopted by this government I may state that it was found impossible to so effectTvdy carrTout the law as to stop the F. nch obtaining what they required, whilst United States Ts sels under the modus vivendi, and British ships, not of this 'colony, and over wlSi we could exercise but scant control, were permitted to come to our shores Ind take fuH supplies, which in many cases found its way to St. Pierre. Under these circumstances the government had no alternative but to put all out- ide vessels on the same footing, thus securing to the colony the advantages^" a rade I have, lire, R. BOND, Colonial Secretary, 99 T. O'Brien, [Enclosure 2 in No. 25.] THE ROYAL GAZETTE. EXTRAORDIXARY. Published by Authority. St. Johns, Newfoundland, 3rd April, 1890. , PROCLAMATION. To all to whom these presents shall come-greeting • ^^^^^y:^Zu'^^^^^^^^ f the .ign of Her present tation and Sale of Bait Fishes • " am? w^^l^ ". • •*^^, f*"^' relating to the Expor- ..f the said Act that the sa 5 Act "M come intr/'^^'t'' \ ?' twenty-fifth section ed by the Governor by his prtlamation " ^' '"'^ ^^'' "' ^^*" ^ '^PP^^"*" followlng:!-'""^' *'^ '^'^ '^^* ^- ^- - its enactive portions passed in the wonls I. No person shall— |2:1 ^XcZC^LZr'Z:Vl^':^^^^^^^^^ r- ^^ ^^^ -Po^tation of; or, (3.) Purchase or' receive in tmde or barter fo. ft n ^^'^r ""^ '"'IP^'^'^'^on ; or, (4.) Take, ship or put or hanl 1 h^ ^ ' • P.^'^POs® o^ exportation ; or, its dependencies, or from or in anv of thXir^ 'k!' ''^*'' ^^ P**"*' °* *^»'« ^^^lony or a license in writing, to be;Tnt:rnV!;s:u'eyiS:Llt:r ^ (« ) To e";Sr"bIi^fisr"';' '^ ^"^ *^' *^« following Jur^^es viz. :- ^«.; JLo export bait fishes to a foreign country for bait purooses : ?o exjor S fist" f " ' ^^n^"""*^^ ^^^ ^«^ ^"ToZmption. U ToZftpS^^bStlL^L^^^^^^^^ '-P - -Series. (f) To t2 t-''"* '^'^'' \^ exportation for food or consumption ^i^r^V^^^-^^ b.. ■ ?n fr^r '''''* '^^''"^ ^""^ exportation for bait purZes vessefme^;.^^^^^^^^^^ boa^ a ship or ship orlettlwfsetrL^'ii^^^^^^^^^^^^ or to carry or convey on boa«i a or vessel within some port in thS colony "^ t™"«h^PP«d to some other ship inco;pi^^tiS;^3l!;^r:ra^^^ *^« -^'^^^y «^ ^^^ ^^vemo. limit the Jpta&TthfsTiTet^^^^^^ I' proclamation, suspend or district or part of this colony ' or the coasr^h. r"T* ^^^'^T^^'' "> relation to any to sale or exportation to Solaces oHo^s.^rn' '"'^ ^''' T-'^ ^'"^ *"^ ^'^ '•^'"tion ^n-:v^olt!se-utrs?^^^^ ^^ " first made an aSvifSfor'fsu^^^^^^^ ""'-« ^« «hall have stipendiary magistrate settiL forth th/n ""• ** P'-^^?"*'^'^ ««i«er of customs, oi a 23 any it is intended to convey or export bait fishes, the purposes for which snoh hn,-f ti.h. intended to be conveyed or exported, whether for U or cons^Sion or ?ir t jf *""' poses, the country to which it is intended to export the Ce o J^^Xl "l^f, ?"" hshe.y .s to be prosecuted for which such bait fishes are to be ^sed ^ tr^fZl' '^PPr**'^ ^"'' ^'u^T^!'"'^*'■ *^^' *''* «hall be macle to a stipendiary mads trate or a customs officer, who shall require the applicant in each case to m«[^ TF h:m an affidavit stating the facts and 'particularsfL requ rerunderse^tioTfive to be set forth m the hcense ; and it shall be the duty of the said stinpnHJntl • . . customs officer to report to the governor r^unS any .^fu^afr^theS applicant to make such affidavit, or any bona fide doubt on th^n!rl ?* i ^^^ j-*^* magistrate or customs officer of the tr^utHf any of the s ate£enf« f I ^JlP^^cliary affidavit or of a belief on his part that suchl:nTe if ap^\ ^^Ttt^urpo S of^vaZ^ ordefeatmg or asisting in evading or defeating the provisions of this S tI^ or .nfonh^bTtiittlrro? '"'' °' *' '"™°" °' '"""" °»° «' * ««'• ,1,. /'d ^f-V^'S? "?• ^ ''?"' "■'"'' ""y l** «*es otherwise than in accordance with lt:„tT:r "" "*"'"" ""^•' "f"" •PP«'=»'"'" '■>■■ « «-"». O' with thTte™, 3 "cS this S ;'of ' '°^ """'°'' ""•'""°' '" ""'' ""•'"* ">»" "PPli^i"" tor licen.e under »nJf;„n^h:t;pi:;^rce^L:r^^ „„ „**■'■ ^■°'' f"^" """««! ot a second or subsequent offence under this act shall ' thanTwm^hf '"' *" ■"■P"-"™'"^ -"> I-"! '•>»-■ tor a pe« Tn'oul X. In addition to the punishment prescribed by the foreffoinff >,t>oti^n +v.^ -, • ^ jngma^strate may order tfe confiscatio'n and tSeStheh:^^^^^^^^ ^olain nf Tv, ^^""-^ ^T l"^^^' purchased, hauled, taken, conveyed or^ ex^^^^^^^^^^ violation of the provisions of this act, or the terms of any license thereunder C of th« ^™r^e;"edtlf;Sj;t^^^^^^^^^ f »,. \^l\ l" ''"^ prosecution under the next preceding section, the onus of oroof that accuil • p'vTdS tht'u ''' for shipment'or exportation, shallrr uponTplrty sSnt with ™ W P"^*-"^ t '*'" ""^"'' ^"'''^ circumstances as shall be con- sistent with a reasonable presumption that shipment or exnortation w«« irfand-l er^ f^r tli" / g"^**'""'- »n .'council may from time to time'appoint speciaf'com"' ' ers for the purpose of enforcing the provisions of this act. appoint special commission- 24 l.oi,.i„gth, international,^::, !7m^'"i' ■''Lean'STr','' ','"'' „"""'.° \"K' ''' S;,f."p;e°erdt;;L"' r r'" r^^ *- '^e'^^k^tir ^^^ t wiony, ,is presciibed by the colonial regulations, it shall 1ip (-Hp rlnf,. r.t »i.„ such last nam.d vessel, lEg to heave her to '' nZTT '"*"'^«'"? ''•'' '^«"t'-^»i"g intended to 1.- conveved ar^.^J^A i ' ^.^^ *¥ P'''''^ *« ^^^^^^ '^^ ^^nie are untruly o iaiiinrr^n l^lo ^r ' ^ upon his refusing to answer, or answering on Ixiard of which sur^L^t fishtTsSrttvf K T'^fT^' ""^ ««'==« th« »^t or vessel bait 8A "„/a SfTyZ" "o"'^.? Si't '""' "' fVmi.,>»tting or having bait purposes contrary, be held to be an exportation or intention to export for > •ft 25 & • a fine, then the reasonable expenses of the prosecutor, including a fair amount fnr 1.;. XIX. If any person convicted under this act shall feel himself afferieved l,v «nnl, convictio,., he may appeal therefrom to the then next sitting of Her Etvt suni ni Zlltf'V" T'^T' '"^ '!"' P'"^« "here such convicLn Xll irve^l^enTad vLtVnll T ?' '"'^ '^P-P"''^ •'"'' '^^ *h« '"*"«'^ ^n^l '"'^"er thereof l>e "iVen to the con .ny ve.«,l „r other property ordered to be c.„fl,c.ted, a^d to ™.y"„ch cMhaXt ,?J „otgL55ri»:';ro;;=x"r.rrtr^;atrL^rr„£r - *^ fV, u ■^"^^"g '■' this act shall affect the rights and privile<^es granted bv trPatv to the subjects of any state in amity with Her Majesty granted by tieaty held to affect any penalty, forfeiture or liability incurred under the said aotnrL^ proceeding for enforcing the same, had, done, completed or pending at the tTme of fZ ITriZ :7 -r- ^^^'^'^T "^ '^"^'^«"*y - '»'y createTconLred or mposll o of ^thefa d X'alT ""VA Zr^''::^^ "'- ""^ "^«"«« g"'"*^^ under the aSrity of !if/ . 1 ' n provided further, that eveiy person holding a license under either sal,, t Tk '''^"' "^ '"^^ **' practicable after the passing of this Tt surrenJeTthe r who shaST'* "^gi«*-*« «^^»«toms officer authorized^o issue I'ensesTnde; this fo,'.S, thereupon grant in lieu thereof a license under the provision^ of thTs act of sS actsToTs^ *^' 'T ?'" "^ '^""•«^' ^'^^ «">• ''^«"«*^ '-"^d undr the authority ^r^'drharSe^-SnSd—^^^^ govert'^rly Ilrprria^Son""^ "*^ '^"^ ''^ ^"'^'^ ^^*« ^^ '"^^'^ "^ ^PP-"*^^ ^^^ the into t^^^' '* '^ '"P^^'^"^ *« "«ti^>- -^ day upon which the said act shall come 26 By His Excellency's command, R. BOND, Colonial Secretary, [Enclosure 3 in No. 25. J Colonial Secretary's Office, St. Joiixs, 9th April, 1890. I nave the honour to be, sir, Your obedient servant. [Enclosure 4 in No. 25.] LvsTRUCTioxs for Magistrates, Customs Officers, Ac, in relation to enforcement of "Bait Act," 1889. licer.^ "''"" '^''" ""' ^ 8'"'^"'^ ^'^'^''^ t^'ree weeks fmm the date of the first . t ♦> ••« t > Ports of Entry. LaManche and Oderin w u i ,. ^. . St. Mary's Kichard McGrath. BurJn ■ ' • • J- Harney. Placentia ." J^'^" VVinter. Lamaline At, B^adshaw. Little Placentia. . . I^' P'"man. English Harbour. ". ^u , "^r" Presque Charles Clinton. Harbour Briton .' .' Patrick Sullivan. Harbour Buffett. . Philip Hubert. Gaultois. ... ^"?- Hann. St. Lawrence. „ ,?"' Bradshaw. Pushthrough t^' ^ avasseur. Fortune ^^"^^ Camp, La Poile. . . t; Haddon. Grand Bank. Francis A. Read. Channel ^- »imm«- Burgeo Francis Mourant. Trepassey ^-^-^ Cunningham. Rose Blanciie'.'. '. t' ^™'"^- Salmonier . . K. Furneaux. Codroy. *'°"" Dakins. Black River. ".'.". '{• ^i'"*'^- A. Blackader. [Enclosure .9 in No. 25.] the X^iTeSSa^trstuS^^^^ ^'L^ -r-d additions of Richard O'Dwyer, Receiver General ofS T ^ J and hrmly bound to the Honourable sum of one thousand dollar^ eZt Ll^ft .^. ^r4«."»dl»nd, severally in the cutorsandadministrato^lXthictpayrntt^bewr ^f "i"^ O'Dwyer/his exe- bind ourselves and each of us our anKTl! / ' ''"'' ^''^'^ '"'^'«' ^« severally by these presents ' ^ "^"^ "** ""^ executors and administrators firmly Dated this ^ ^^ of thJ';rntthlt?nSs1r^^^^^ ^f ^' <"> («- --^the Lani oftheLnsenum^r ~^^;rtSSm:dtJ^^^^^^^^^ ^^^^^ '"^^ r^"'', Victoria, entitled" An letto^'amentandT^^^^^^^ '? '""^ P''«^^«'«"« ^' Ac7o1 ation and sale of bait fisire?' Ten th?s nlS . ^^ *t' ^'^^f ''"^^'^"^ *" *^« ^^P^^- full force. ■ '^'^''^^'''^^''g**'"" <« be void, otherwise to remain in Signed, sealed and delivered \ in presence of. | No. 1995. [Enclosure 6 in No. 25.] Lirense to fishing veaseh to purchase bait Jishes. ^ port wte,„ ;hr„:rr2:.3rr.,,;:: i;r(:rei^^^^ 28 enter tlie bay.s and hHi-bours of Newfoundland'for the purchase of (y) same number a^ tonnage of vessel) barrels of bait fishes and such quantity of ice. lines and other supplies as may be required. ^'^ Dated this day of A.D. 1890. Customs officer or magis- ) trate at the port of ) Colonial Secretary. N B. —This license is to be delivered to the customs officer, constable or officer engaged in the bait protection service. Upon the i-eceipt of the said barrels of bait hshes on board the said ve.s.sel, such officer shall mark ' cancelled ' upon it and the date of the receipt of said bait fishes. [Enclosure 7 in No. 25.] Ajfidavii to be made hy foreiijn Jitiheriuen. Newfoundland ) to wit, / „„„*!,' tT 1 • ,■■,.. ,. ^^ make otth and say that I am desirous of obtaining a license to purchase bait, to be used on boai J my vessel in prosecuting the bank fishery, during the present season. Sworn before me at ] this A.D. 1890. day of « ♦ ♦• « « No. 26. LuNENBUKCi, N.S., 17th April, 1890. Hon. Charles H. Tupper, Minister of Marine and Fisheries, Ottawa. Mv Dear Mr. Tupper.— I am sorry to inform you that our deep sea fishermen are in a great state of excitement on account of the restrictions recently placed on our vessels by the Newfoundland authorities, when visiting those shores for bait. Their intentions in this respect had been previously rumoured, but no one imagined that they would be earned out. ^ To obtain what might be considered reliable information, a telegram was yesterday sent to Messrs. Duff and Balmer, of Carbonnear, Nfld., the former of whom is an M.P tor that district, which message was as follows :— "Name license fee, if any, Canadian vessels calling at Newfoundland for bait," and the following answer was received • " One dollar per ton every time enter port. Bait limited, one barrel per registered ton, can obtain license at port of entry." Duff & Balmer. *i, • ^^VT^^''^}'^ terrible straits to know what to do under these circumstances, as their bait for the Grand Banks or summer trip is almost wholly obtained on the south side of Newfoundland, and the payment of the above fee five or six times a summer would be simply ruinous. A deputation of fishing masters waited upon me last evening, and requested me to communicate with the federal government, and bring the matter to their notice, with the view that a fairer and more lenient set of regulations may be obtained in respect to Canadian vessels. ^ It cannot be presumed that the government of Newfoundland have exceeded their jurisdiction under the former treaties in thus legislating against the interests of Can- adian fishermen, but why should a commission representing Britain, Canada. Newfound- % 1 I I 29 « I land and the United States, be required to f.,nnulate and establish a .nmluH vivnidi hx.ng a hcen«e ee for United States vessels in British waters, and vilZTn rather colony as able to legislate in the same direction against the other ? We have at present in our harbour of Lunenburg about eighty sail of Hshinir vessels, which, I am proud to say, are as fine in point of e.>nstruc.tion amlT.uL.er t as any m the work , and whose crews number upwards of a thousand men. Se'^cSt .^s l! ^. "«« nnn ^^T^ '""/ '""'^^^ ^' '^""'^ "" *^"'»- ^"'"'"•^'- ^"rk, would average'n vdue at least #6,000 each, and to meet with this embargo on prevous privilegef would mean cerUm and most senous loss in every instance. They tonnage on the Jerardgh l t" iSSot 4on "'f ^«T^"""^'^"J^ '^'"^ "*' «^'« t""'^^ i" -^ «eason, which melTfro and fLt t^vfrir^^^^^^^^^^^^ ^C::^ *^^"« -"^^ '-^ ^" ^'^^^"-' -'' ^ «— eert;;:;Rl tSnt Newfoundland being a British colony, it appears to me that her action is harsh if not absolutely wrong, in thus discriminating against a sister colony, in a nmtter wh^ch I rveTtr"?'"'""'^ r'*t'" the prerogative and power of the home gov ernmenT We have hitherto enjoyed the privilege of obtaining bait in Newfoundland to thefnHplf extent, paying only such internal %es and taxef as were pmp^^^^ go'^^nTnetVrwrbv'fhe'"^ '''^ ^'fu'''''^ "^'^'^^ TeVewf^uLdte fw "n ' -r T. V^^ ^^"'^ ^''"'^^' ^^' ^^ 'nost disastrous, and one season :!rsoti?7nd rrospe-r "" '"' ''''''' '"^ "^ ^^^^ ^^"^^' ^"^' *^^ ^^^mr^^^oll ^cei^^^z "S=ion^^^orraSL^i;s^?r:::^s brought before the commission at Washington, or the imperial government and tha^ such action may be taken for the restoration of our former privileges! and th;am;iiora Per^?arifl7fr" ^ *''"«r "-^ be,P-»ble uSder th'e drcumstanc" " l-ersonally, I feel the great importance of this matter; so much so in fact that I am wdhng to sacrifice almost, anything, rather than have this state of tCgs continue I have the honour to be, sir. Your obedient servant, C. EDWIN KAULBACH. No. 27. House of Commons, Ottawa, 22nd April, 1890. Dear Sib John,— You will have seen and heard of the action of the Newfoundland folXnd-^TtsTorartal^tl^^^^^^^^^^^ -' '-^^- — '« ^^-^^^ bait ^r^- tM rz::£Zr^j::s:z;i^^ have hitherto endeavoured to work in harmony with the Newfoundland government ;riv of7 '""^Tk ^°*''*''' in restraining the 'aggression of American andToreTspe- cially of French fishermen, we have to claim a comjnon protection from thr^mnerkl government to prevent interference with our rights. imperial Under all the circumstances I trust you will see your way to advisinjr such action cJ3 ^"f^.^^ Newfoundland Government to reconsider their decS T far as Canadian fishing vessels are concerned. Mr. A J. Wolff, the mayor of Lunenburg, and I believe president of the Fishermen's Union wntes to me on behalf of that body.*" I enclose his letter and ild to h s reauest a most earnest recommendation that some steps may be prompt"y Sen to av2rt a senous injury to an industry of vital importance to our people. ^ Faithfully yours, J. WIMBURN LAURIE. 30 [KiicloKuie 1 inNo. 27.] Genl. Lauh.«. M.P.. Lunkn«ck., N.H., 17th April, 1890. House of Coimiions, Ottawn. Any action on your part taken in this matter will be appreciated by all interested. I am yours respectfully, p« T • ,. ^- •^^ WOLFF. and s^.^^nc™.«rt:;tr=^^^^^^^ rrr '» A. J. W. No. 28. Copy of a teleyram to the Hononrable Colonial Secretary. St. Johns, Newfoundland, 23rd April, 1890. C. H. TUPPER. No. 29. «'TJ,. p*A. ju , "St. Johns, Newfoundland, 24th April. "COLONIAL SECRETARY." < wU i) 81 a lency '« goven..ent to ^'re^Lt a reins a. i ;rHe^^^^ '''"'" *'* /""'• .*"'-'- trictions which will he placed on lirit .1. «l ;, i -Ma esty .s Kmerninent on the res- in Canada under the '^.^nlf^ i;l?Sn7e?™rto '''' '' "*'^ ''^^'''y'' ^"•'■*-^« All which 18 re.«pect£ully submitted for your excellency's approval. JOHN J. McOKK, Cferk, Privy CouncU. No. 30. Colonial Secretaky'm Offick, «T. Johns, Newfoundland, 24th April, 1H90. To the Hon. Chakles H. Tuppeh. I have the lionour to be, sir, Your most obedient servant, K. BOND, C. S. No. 31. Lord Knutxford to Lord Stanley of Preston. [Tefeffram.] I have received Newfoundland oroclamation nt Hi.f a „* t j ' "^' it is «/ort of a Committee oftUHononrahle the Privy Cm^ncil, amn-cn-ed by His Emellemy the Governor General in Cmmcil, rm the 29th Mai,, 1890 dat Jf5thT^rif*T«Qn t' P'iF r""'" '^^^^ ^'^ ""der consideration a despatch Ihe committee concurring in the annexed report of the minister of m..ri«. a to his presenting m person the Canadian side of the case ' * ''^"^ All which is respectfully submitted for approval. JOHN J. McGEE, Clerk, Privy CmmoU. 8S 3cr [ KncltMum 1 in No. 32. ] ! Departmknt or Fihuickien, C.\n.\h\, Ottawa, 26th May, 1890. To His FJxcollency The (Jovornor (loneral in Council. The undeinigned, advertinK to the despatch of Sir Tenenoe O'Brien, to your excellency, datecl ITjth April, IWKO, and to the cable message (if Hth May, from Lml Knutsford, has to observe that, in tlie year 1886, an act wax paHsed by the legislature of Newfoundland, entitled an "Act to regulate the exjM»rtation and sah of herring, caplin, 8 .. I l.v M , M i I" '"" '•""*''"'^"""' -' »''« '""t suy in his ,|,.,si,aU.h tu r..ni l..u,s(I„w ' H 'mT; / • '^' "" ''V"' ''''"* "» ^'^ .lenco which had passe 1 h. ml /,,,;,'"/ V'*-/ "'"'"""^' ''."'""'' "* -•'•'■'^P-n- their cons ( eraton The lenliiw .„„,h. *i '" "•, ^"''■^"""' """ '>ii' Ambrose Shea for ansurances that tie Ko v rn ne ,. Self 'n ' Y '^?' «*^"t>^"H'.> ...nveyecl an.plo actuate.! hy any les^ ,?S tin ^Kil" '. .T-^'u '".T^«" "*' *'''^ ''''" ^^"'^ ""* tion of allolinK t Haw t , h ' emte 1 toT ' '■"':^ **'''";'"'"' '''"' '""' "" '"^<'»- proponed which w.,ul,l unnlXS £..'-• h '""'";■'"' ' t'"l' "" '•««"l'^tions were H^hertnen and that eve^ ^rSte^^tS^^^^Sh^r^^^^^ genenvl'^of'LIS/Znd'irS^^ ''" '^"^'^'^^ ^^' " ^^•'"«''"" ^^^ *'- '^"-n^y there^^id be P-tic;srz:it:a"rS;r!^:^,;;^^^S^;f ^^ ^'- the bill. "itt.ests that, Majesty was at once mlvised to assent to respeSy'r:'!,!^ "["Zr " *!i;; "P**? "' ^^^ ™^"'«*- ^^ --•'- -^d tisheries, patch aboJe n J ione i So u.^s ?Z ' ' "T^ *" transn.it a copy of the .les! colonial secretary) toT eSlem (Penmssion having been obtained from the of his minister and wTth ^ en .st hS h"'"'' '*. ,^''^::f'^»"Jl»"^'^1 ^^^ '^t once 84 merely in the interest of this colony and Canada but for the sake of international comity, I would respectfully urge that in the absence of a fixed decision against this measure the delay which has already taken place in respect of its allowance should not be further prolonged. Upon the 20th April, 1887, the minister of marine and fisheries received, at Ottawa, the following telegram from the government of Newfoundland : — " We learn with surprise and regret your government apprehend our Bait Act will interfere with Canadian fishermen. I am authorized to give you fullest assurance no interference or hindrance whatever of Canadian fishermen contemplated ; act necessarily framed so as to confer upon governor discretionary powers in granting licenses to sell or export bait ; our only object being to prevent supply to foreign subsidized rivals. Fullest rights and privileges of all British fishermen to take or purchase for their own use as hitherto enjoyed will be maintained. Please communicate this information to your representative or agents in London to remove objection to our act and promote royal assent." ATTORNEY GENERAL. In June, 1889, the legislature of Newfoundland passed "An act to amend and consolidate the laws relating to the exportation and sale of bait fishes." This act, June, 1889, was proclaimed by His Excellency Sir Terrence O'Brien, Governor of Newfoundland, 3rd April, 1890. By the provision of this act, as stated by the colonial secretary of Newfoundland to Cecil Fane, Esquire, under date 15th April, 1890: "All foreign and British vessels not belonging to this colony which recjuired bait from our coasts for the prosecution of the cod fishery, can only obtain it by taking out a license at an oidinary port of entry in the form herewith, and giving bond in the sum ^i one thousand dollars that the bait shall be used /xnidjide for tiie purpose for which it is obtained. " This license is issued on payment of a fee of one dollar per ton, and entitles the holder to purchase the bait for three weeks, but only to the extent of one barrel per ton register. Should fresh supplies of bait be required after the expiration of three weeks, the vessel must re-enter at a customs port and again take out a license on similar terms to the first, and .so on through the fishing season. Light dues will, of course, be exacted as heretofore." Loud complaints have reached the undersigned from Canadians interested in bank fishing agauist this legislation which threatens most serious injury to a large and important portion of Canadian industry. It is represented by those engaged in the cod fishery from Nova Scotia that the effect of this heavy tax will be to destroy the bank fishing of that province. The returns for the last year show that of Canadian vessels engaged in the bank fishery there were not less than 203 with a tonnage of 18,124. The total catch amounted to 35,821,871 pounds of fish. Accordingly, on the 24th of April, your excellency was pleased to approve a minute in council recommending that a telegram be sent to the right honourable the secretary of state for the colonies expressing the desire of your excellency's government that a re- monstrance should be made to Her Majesty's government on the restrictions placed on British ships owned or sailed by Her Majesty's subjects in Canada under the Newfound- land legislation referred to. From tlie telegram of the 8th May, from the right honourable the secretary of state for the colonies to your excellency, it appears that Lord Knutsford does not consider the Bait Act u/tra vires, and his lordship supposes representations have been made direct to Newfoundland. The undersigned has not discussed the authority of the the legislature of Newfoundland to enact the legislation complained of, but he desires to call attention to the solemn assurance given by the government of Newfoundland of the definite and positive character already referred to, to the effect that it was not in- tended to enforce this act against Canadian and British vessels and that it would not be so enforced. ^ 4 f m> 35 »■ 4 1 ml of ti;?ict*ar£::^:k3;s^:;:jsi,i^^^^ '— *•-* thep..ovisions those of forei,..cou;tne::rni^eT;u1t?Sv^^^^^^ -» - r'"^' tration of the government of NewfounrIUn;n7n„n i . ^r^"^'*^" »* the present adminis- in office, that in accor^ce witr/wt umLl^^^^^^^ its predecessors longer be enforced agfrt^BHllshtcaldi^^^^^^^^^ '""''""'^ ""' *'^ "'^^ ^^•"' "« existed b7we":n ^hV^oVltt^oVctadt t^^^^^ ^o^^n which has hitherto respective fishery and coZSlltSrsts ^^"^-'""'^^ .n connection with their enjo/S^g.jr'«^.S:t7^rpS,r r^alis ^^^^^^ ^-" ?r^"^^ - Canada, and while light dues \Z\Jl^\-. '" common with those of government of ^eJSl^^'i'Z^Z^:: ^J'^^t^J^^ "'^ ^^'^^^^'^ '^>' *'- taxes^paid by the vessels of NewfounSZd rtlf^Sninron'ofc^.:;:'" -responding fog S:S^^:^^Z^C7^Z^^^ %Hts and four in Newfoundland by a mail and fSht packet ^ subventions serves many ports be^jsed to suspend the^erations o^^^^^ S:^SlS^^::^t^ state'^SSSnTelttXrrdT.T'^ '''* *^f "^^* '^°"""^^^'« *he secretary of immediate co-opeSn of H^r^^^^ advisers earnestly desire "^he damage being indicted upoiis; nianvo^Hp^Mf" '" Preventmg serious loss and important industry of the bank Sy ^'^''*^ ' '"''J'^*^ "« ^^'^ ^^^-^ted in the Respectfully submitted, CHARLES H. TUPPER, -^tinister of Marim and Fisheries. [Enclosure 2 in No. 32.] Sir A. Shea, K.C.M.G., to Colonial Office. 4 Princess Street, Hanover Square, Hon. Sir R. C. A. Herbert, K.C.B. ^'*^ ^P"'' ^^^"• ing co;j^i';rtcrfrtrtr^ ^\ ^^^ ^^-e endos. their^s?;^ foTei/nrtlrborXt^^^^ the Newfoundland coast against interests. The measure embrai^^^^^^ operations have been disastrous to Rritish in the same light Teverrrespect CanldL / ''"^- fi«'^«™«". '^"d regards them seriously affected b^the LXassis^ed Siv ofr^^^^ '" '""'T'^ "'"» «"•- °^"- -'« ing degL be bene^tted by ou^critt^Jet'^^^^^^^^^^ ^'^^ °^"^* ^ '^ — P«"d- devisId^rii^elclreVeLtrlri mS ^b'"'^' ^r^f'^ ^"^^^ ^«">*^ '-^ --'^ regard to their application ot^'hrnftedTmberoT o,^r ''^ ""''', ^«P*«l™--ly b^ thought the chief^iforts might be maS:tS^^^^^^^^ ^^ -^^^^ ^^ -- tiono7tlV„rK"!:Sn:r— ^"'^'^^^^^^^ ^^ geneiit^To avoid the dMara- "23Vtol3A-3i^ ^ -rcigners. which, on international g.x,unds, might ha^i 86 n raised difficulties to its acceptance by Her Majesty's government. But I feel the Dominion government has no real ground for its opposition, from which it will at once recede when authorized assurances are given that in carrying out the law no supposed ambiguity in its tenns will be allowed to operate to the prejudice of Canadian fisher- men, with whom we have common rights on the coasts of the Dominion. It must, I submit, be manifest that the course taken by the Dominion government has arisen from a complete misapprehension of the views and purposes of the Newfound- land legislature, and while I regret if they could be justified in their conclusion of such unfnendly legislation, I feel Her Majesty's government will be satisfied that such im- pressions are unfounded, and moreover, are fully explained away by our statement of the aims of the act and its assured uniform application to all British subjects. I do not think it necessary to consider the objections in detail, but I would observe that the objection taken to the " immediate neighbourhood " to be included for the pur- poses of the law, is answered by the fact that the law cannot operate outside the juris- diction of the government of Newfoundland, and that the term "immediate neighbour- hood must be construed as being within this jurisdiction. I have, &c., A. THEA. [Enclosure 3 in No. 32.] Sir R. Thorhurn, K.C.M.G., to Colonial Office. 4 Princess Streijt, Hanover Square, ♦ 27th April, 1887. Sir RoBT. G. W. Herbert, Ac, &c. Sir,— I beg to acknowledge receipt of your communication of to-day's date cover- ing copy of a despatch from the government of the Dominion of Canada, of date 12th April, embodying a minute of the privy council, setting forth certain objections to the Newfoundland Bait Act, and ask ng Her Majesty's government to delay giving assent to that measure until an opportunity had been afforded the government of Canada of expressing an opinion on its assumed interpretation of the act. I feel constrained to say that such opinion is at entire variance with the spirit und intention of tb'^ act, and feeling certain that such is the case I waive consideration of the question of how far the government of Canada, or indeed that of any other govern- nient, save that of Her Majesty, has any right to interfere in a question which involves the nght of the legislature of Newfoundland to make such laws as it may deem proper for the regulation of its own internal afiairs and the conservation of its property, rights which are not affected by treaty obligations, nor in their operation under the proposed act interfering differentially with the privileges of any portion of Her Majesty's subjects. I append copies of cable despatches already sent to our own provincial government and that of the Dominion, which I venture to say very clearly define the intention and scope of the proposed legislation, and I reiterate the assertion that by no manner of con- struction, implied or otherwise, can the act be construed to affect in a differential manner the fishermen of any British possession, but it will, I submit, be readily conceded that the colony of Newfoundland has a perfect right to enact such local regulations as may be deemed necessary for the efficient management of its inshore fisheries, and to which the fishermen of all parts of Her Majesty's dominions must be amenable in like manner as are the inhabitants of the colony. To illustrate the case more forcibly, the fishermen of Newfoundland when partici- pating m the fisheries of the Dominion, a matter of frequent occurrence, must and do conform to the local regulations governing the same, and it would be presumption on their part to argue that any other course could be pursued. Why then should Canada assume the right of interference with similar regulations in a sister colony over which she exercises no jurisdiction 1 8T measure, which «o far fmni preJiiSw .fflT"^ T ° . '^ ""P* ''"'' '"'s"'"'" "f '''e &£,„«, i„ an e^ual, if noTg M.e Xr« h^^^^^^ the operation, „f„„row„ ,.iii be n,.j,. on ail fn. of ."he co:^t^^>^X^:z,:s^':rii:ir'"'^'"' do no^p'r^^r rdiitTflTrttr-ht t K^haThr""' 1, "'"'V" <"'» ""• ^ .ppliction, and the D„mim„r»overle„rLlot 1 "*"','! "'" P"""""' "'« <>f general will fall with equal ieverity onCZn citizeT "^'^ "'■""* '" " """■'"'^ «"»« BillJLVc»XwtM"„'EfLmu:*3'::"L^''' "-r'^-f""™ '» *«»•" ri!:it?r':^d"5ea^r;r!f!" Sr^^^^^ .he„ a„>a„ta«et erlrEtT-.'u".:i:^r™;.ir "" "' ™^>"^' «'"'"« side of the scope of this act. * ^ mterteience « ith fishing operations out- as to'th:rp;itS of'^rSym tor^'r* the attomey geneml of Newfoundland, however co^L.ed:r:.^t^tp^f;-tt^^^^^^^ I have, &c., ROBT. THORBURN, i'mnier, XewfonmUand. (lelegram.) Port of La Havk, via Bkidoewater, N.S., To Hon. C. H. Tupper. ^^^^ "^^^^^ ^^^^^ their?sL^SLt:^n^tGrt'^^V""^ '""""i be prohibited from pursuing ™Vients.ani!?%^X7ote\r:hr^^^^^^^^ i^ f-ed an, HY. N. REINHARDT, ' CoUector of Customs. {Telegram.) ^^- ^^' To Henry N. Reinhardt, Ottawa, 30th May, 1890. Collector of Customs,' Port of La Have, vid Bridgewater, N S 88 Have sent strong despatch to Newfoundland ; expect answer ere long. All nav- ments for licenses should be m.ule under protest, and while I expect a refund wilfi made, I can give no assurance as yet. CHARLES H. TUPPER, Minister Marine and Fisheries, IT 1 X No. 35. (Telegram.) Hon. C. H. TuPPER. ■ ^^'''^' ^•^•' 2nd June, 1890. the dolt\^nif'^ itSr '"'' '''''' *^ '^ '•^''"'^'^ Newfoundland if exempt from J. W. YOUNG. No. 36. To J. W. YouxG, ^'^^''^' 2nd June, 1890. Collector of Customs, Canso, N.S. ..t. ^^^^'^^t has made strong recommendations to Newfoundland government with reference to tonnage tax, for bait, and while hoping for favourable result, have no definite information as yet. It would be well for vessels paying tax, to to so under foLal protest! JOHN TILTON, B.M.F. No. 37. ' Lord Knuts/ord to Lord Staidey qf'Preston. Governor General, ^^^'^'^^ ^™^^"' ^"^^ J"»ly. 1890. The Right Honourable Lord Stanley of Preston. of thP^^.^M^r/ ^^''^J'^^ ^''*'^.«"»' *o acknowledge the receipt of your secret despatch of tl 1 ^' ^:'T vt'^'T ^ "?r"]^. ""^ y*'"'' P"^'y ^""'^^'l «" the subject of the action ;Ltf=d"^:nlttS^^^^ P^^-- '- ^-^^- fi-^h-men for prese^r hiJtfJS l^^ ^e^^i&^^S^J^rSriJL^ questions relating to that colony, and I will not fail to bring ^theTepr~tLions made by your government on this subject to his notice. tawonsmacie I am, ttc, KNUTSFORD. No. 38. Lord ICnutx/ord to Lord Staidey of Preston. Governor General, ^'''™'-^^' ^™'^"''' ^'^ J^^y- 1«»0- The Right Honorable Lord Stanley of Preston, to ^^^J';J;7.°'77^*h'-«^«'-ence to previous correspondence, I have the honour to transmit S Cwfn !?1 "/^'•'"'^tion of you: government, a copy of a despatch from the governor fLr ?;• ^^^''T*''''^'"^'"^"^''"^"'"*" "^ ^^"""1 respecting a modification of the regulations at, to licenses under the Bait Act and bV;SeVted*bf S'^'^'^'"" ""^ ^"''"'^'^'^^ "^^* *^^ "'j^^^^^'^^ «^ ^^^ --^^^-^ I have, (fee, KNUTSFORD. »' * I 'V r I 0 e I c h n da W( 39 I pay- ill be from with finite itest. latch ;tion 1 for is at •ious lacle imit nor I of ters. [Enclosure 1 in No. 38.] Sir Terrence O'Brien to Lord KnuUford. GOVKRNMENT HoUSE, St. JoHNS, Newfoundland, 21st June, 1890. hoped will be more satisfactory to all concerned ^ ^ ^'*' ^^'""^ '' '^ I have, (fcc, T. O'BRIEN, Lt. Col. Goveriior, [Enclosure 2 in No. 38.] Extract from Afinutes of Council of 20th June, 1890. ,„..,.?" consideration of telegrams received from several customs officers relating to th« Xti^'K^ti,:' ''"^'"« r^ ■'-- °^^'*«^^^^^^^^^^^^ No. 39. Copv 0/ „ &,„,, ,;/■„£■<„»,„;«., „/(/,« ;/„„<„„.^fe „„ j.,i Co,.„nl. appromUu Hi, E,„IU,„y Ik (!„„„„,. a„„,d in Cmncil, „„ (/., Sl.t July, ISSO All of which is respectfully submitted for your excellency's approval JOHN J. McGEE, CUrk, Privy Council. [P'nclosure 1 in No. 30.] Office of the High Commissioner fok Canada. Victoria Chambers, 17 Victoria Street The Right Honourable ^^•^''^'^' ^- ^^'•' '^^^ J""«' ^^^O. The Prime Minister, Ottawa, Canada. datPd^ooVTM^^^ to acknowledge the receipt on the 12th instant of the order in council SnadliffiSrn r^'"^ ? *^' enforcement of the Newfoundland Ba't Act agZs w^n" n th;~ ,^^^^^^^^ *^ instructions contained therein that I should _^on the s(.oret«ry o. s.atc for the colonies, for the purpose of presenting, in person, 40 the Canadian view of the case, I at once communicated with the secretary of stat« Ml Z, Sr'^ rSf'' »«»■"»' »"y application of the mea,ure to SaCS e el, therefore he.itate to advi,e Her M.je.st "s S,™ M '^"^ Lan«lo„„e, "- beTmLe l ; ne clesues to po.nt out that such a modification in no way meets the objectii.ns of vf>„r ve»el,, feek .mure., th.t a re,l„clio„ i„ ti.e lioe,,.. („ hnp,"J,,p; , a ™Lm '^^^^^^^ «ncl.r „,cl, le,.8l„t,o„ i,, „„t, eve,, in the o,,f„i„„ „f the p,-en,ir/Ne v 1 ituK In the minute of council forwarded by your excellency on ;?lst May last it is dis inc ly shown that the j^overnmeut of Newfoundland gave to the cla L "U ■» ne it upon Srrii e Her A? "\^-''' """'^ "'^^ '" "^^'"'•^'^'' '^"'^-^ Canadian Cse^" , The minister regrets that no answ v has yet been received from the -..verninent of dire'ctTtt; T *'' ";i"1l "'i''"""^'' ^'-ted 29th May, 1.^90, whch ^^"1"] till ect to that colony on the 31st day of May. i"i»,uueu ^h T\^ "V»ister recommends that a copy of this report, if approved, be forwarded to toHefM."?""'"'^'' '^' P->cipal secretary of state f^r the^lloni;s, f.> sZSc ii^^tof V' T'TT^r'T'*'^ *'^' '■^''"'^«' thatitbeconununicatedtotherver ment of Newfoundland, also tiiat a copy be sent to the high commissioner for Canac k for his mformation and guidance if referred to by Lord Knutsford 01 th s su ect The committee concur in the views above set forth and they recommend that . despatch containing the substance of tiiis report, when approved, S trZ it ted tVe JOHN J. McGEE, Cferk, Privy Councif. No. 41. Office of the High Commissioner for Cavada, Victoria Chambers, 17 Victoria Street, The Right Honourable ^'^•''°^''' ^•^'•' ^^'' ^''''^"'> ^'^^O. The Prime Minister, Otttawa, Canada. reported 7ero!-''^Z?."'^ '^"T'f' ^f" V'' "^ '^^ '^"^ ^"^t'^^"*. respecting the leported nero, ^.tions between Newfoundland and the United States for a sen irate fishery treaty I now have the honour to state that I saw Lord Knu sLid on Mondav as and placed before him fully the views of the Canadian government upon the su7 ject I transmit, herewith, for the information of the government a copy of a letter 43 !( represent stronKlv h..w the fish.! I .7,?,? "'•'' •^"'"""'"'^'^ti"" of them. Please l.y such an aTS ^.t as fit^nro^^ '•'.^'^'"^^'•^ '"'^^'h* »'« injured fm„Mtnati the United State uZ faXll e ttn^S? ' '"^""^ *" f''' "'' "''''^nKement vinces. ourdi«icuitiesund:.rx:^2:;;;';:s?!:l.:^s^,:yj^- p- I have tlie honom to he, sir Your' obedient servant, . CHARLES TUPPER, J/i(/fi Commissioner. [Kiiclosure 1 ill No. 41.] T^. ,,.,,„ . , ^ ' Victoria StRekt, S. W., 27th October, 1890. Ine Right Honourable Lord Knutsford, G.C.M.G. -ton "LpSiASf,:^ d:rc„„"™'™ ■" ^•™- »" "■' ^""' "■"""'. «■■■ b.™. on the ,»„e ,i„e, «» n.Sa^l.^Ne; B™^:" ^rN^'S,?^' -h t„ negotiate •• K,r WM. '' """■"^ ' '*'•«'■*"' '■""" "'« P'™"" "' Canada, aa follows '^ necessary to it, K„r.in"ooLm on .,W,1, '' P™"™" of Canada, was ,na,lo New BrunS and N-nv^ ^ . ^' ' ^ * '''''^' *" negotiate on the same lines as regards of Caiilr ^"*'" '"•' ^'"" '^ '--^^'y independent of the other provinces vwl^oTnf 4=0',;:^ '""^ est..lish«l W thr£ ShS^ptfirnS: I am, etc., CHARLES TUPPER. 48 . i Tohn A M ' '^■V*'"^ ."jy •«"«•• I I'ave received the following telegram from Sir J(.hn A. Macdonald, which I \^g to quote for the considerati.m „f hie M estv's government :-" Can scarcely believe Newfoundland has received auth.rJtvS,^ ofT^r: *'TTT' *^- •"'^'^^ '''^""''' -••-S-»^»t respecting Hshe^ts ¥l :' L ion of all he North American provinces to United States and to the enn.i.v wod be thT V^ "'" '"* \"*'"-'"«^\°f !>"-«••« given to Boml and desire c, uni^ri , f them. Please represent strongly how the fishery and con.mercial interests oC 1 , wil be injured by such an arrangement as Bond is currently reported as maki„,,n how disastrous, from a national point of view, it would Im f,,/ a senaraf p r-n v. 1 «• ! an arrangement with the Unite/ States mor'e favounll.e han Sfbe « -e.^o tt confederated provinces, f\.~~ -uai^.-ij.:. i ,, "fi )^i\*in to iiie great now." Our difficulties under the new American tariff are sufficiently No. 42. {Cttblf Tflfiirtiiii.) To Sir Charlks Tupper. Bart., ^^^'''' '"''' ^^^<>v«»''-N 1^90. High Commissioner for Canada, 17 Victoria Street, London, England. l^Z^J^:^^' "'■«*^"' '''"^ November, reciprocity with Newfound- Let us put this frankly and clearly. The United States will hardly be disposed to create a commerce for the people of Newfoundland, and then to have the proi^lfs^S h vt commerce go to Canada and France. The rights of the French, if W ,? f^i e are any must be closed out on some other basis than the concession o fre^l it to r.nen of8t.Pien-e. Preebaitisnofavourtous,if the French and Canadians can lu,^e i^ ,?.b. l"\^T^ Pu™'*-' Sir William Whiteway and Mr. Harvey, .. r L rd Kn isfo.; for them, to barter that away, he will find himself robbed of the key to Fult.m market CHARLES H. TUPPER. No. 43. Certifu^ copy of a Report of a Cnmmitf., „f th. Honmrahh th. Prlv.j Co,u,nl, approved The committee of the privy council have had under consideration a report herewith attached, dated the 9th December, 1890, from the sub-committee of cound to wh , imo't'ff " K "T ^Tu '^' ^'^^ -"""i-ioner for Canada, dated the 1 t Uc ot 1890 on the subject of the recent negotiations between a delegate from the c,<,vem !Xi fT.'^^'l''^'-'^ ""^^^ administration of the United Sutes, fo a m?enti^ n UnSstates' '"'' '""^ ''"™""' ^''"''" '^'' "''""y °^" Newfoundland and "he appromr""""""""' '"'"'"''""^ "^ *^« ''^P'^'-t' recommend thesarie for your excellency's JOHN J. McGEE, Clerk, Privy Council. REPORT. To His Excellency the Governor General in Council. The undersigned have had referred to them a letter from the high commissioner for Canada, dated the 31st October, 1890, on the subject of the recent negotiarn between a delegate from the government of Newfoundland and the administraticm of the UnTted States for a convention relating to the fisheries and commerce between tlie colonv of Newtoundland and the United States. Jei^veen uic toionj or ■I ! 44 Tl... lii-h cininissionei- l.,ul I.eeii informed Uy teleKr.un from voui- excellencv's firsf ^^^ at \Vaslnn«t,.n,.iM,l seemed to l.ave announced that he had auth-uitv fn.m the n ..Mjal «over,unent to „,ake a separate Hshery treaty for his Kovernn.ent, and the h Ih connmss.oner was aske,l to ascertain the truth and enter protest. He w ts referm t the New \ork an.J Boston papers, which contained the information referred t.. Ihe hi«h comniissumer wrote to Hir Roljert Herbert on the L>-'nd October intim -.?.d OctoLe , Mr. ran.ston addres.sed the high con.misMoner, in reply. .Js follows ■_ / "» < "■'• he ec eta ry of state for foreij-n aftairs, of which the following is the purport • seciera.y " ^V ,th reterence to your despatch of the 10th ultimo, intro.luci,. Mr. Bond I ue prese,.c.d that gent en.an to Mr. Secretary Blaine, and negotiations^re now goil.g onu i, aMev to an nidependent arrangement between the United States and New- foundland relatn.g to the tisheries. Before negotiations go further. T would ng^elt that the g,nennnent of Canada n.ight be inforn.ed of then,, as they mi-d.t wish to negotiate on he same lines as regards New Brunswick and Nova ScotiJi " ' AT,- ;'•' i>'^ t'oinmissioner, in a letter to the liight Honourable Lord Knutsford, Her Majes y s Pnnc.pal Secretary of State for the Colonies, dated the 27th October, .set forth the telegran. he had received from the first minister of Canada and the letter from M Bramston, and followed with certain observation.s, thus •— and Wn'^nlnr" n'f *• '" ^>">« *!^^*' r '-^^^'^^^^ to the question of the Atlantic ni.il Li '^'"r'*^'"^ fisheries, Her Majesty's goyernment has hitherto inyariably recog- mzed the importance of obtaining unity of action, as ,far as was po.ssible, on the part of the titles TT\ ''] *'^ '"^^ °^" ^''^''^'^y ^^'^'^ '"^^ ^-"^"^1 States, in mt the consent or Newfoundland, as well as the various provinces of Canada, was made necessary to its going into operation, and the same course was followed, sulse. ueit to confederation, in reference to the treaties of 1871 and 1HS8 «equ«ni to rl.v. '' I l«"-» ^v-ith deep regret that this obviously sound policy has not only been dep,uted from, but that while Newfoundland has on previous occasions been fully ad ised as to negotiations that were to' be undertaken. Her Majesty's government have 10th September, Newfoundland to open negotiations for a separate treaty with the United no? t; 'induce C. n' f "' T''^^'''''T '" ^'^"'^^'^ '' '^ '^^^'^''^^^ ^™"' «- J" P-ncefote nif.l If Canada in the proposed arrangements, but that the government of Canada New J^-^^sScT f 4''''"'f they might wish to negotiate on the same lines as regards of Cam!! '"" ''■'' ' '• '•' *"'■ " *'"'*'*^ inrlependent of the other provinces nss,,,."^ ''""^''^ /"u- '" \"y "l"*/ *° ^^^ '^'■'^''''^ '^'^ ^^*^" ^'^ to Canada if I did not promptly S hTr^.trt'^'P- '^"'A *'•'' '"""t"' '^' ^**«*'"'^^^^ «f the vexed questio^n of S ^ now nn?n e.fr"'^'l ^f''''' ^' ^u" F^''*'^ '""'''^''^ ^^^ '^'' ^^'^^'^ departure that t,. Vi^ D^*' commissioner having communicated to the first minister the despatch r.mi Mr. Bramston of the 23rd October, above set forth, a telegram was sent to hhn by the first minister as follows : •' n.en/1^"'' f '"''^'^' ''^''^'■*' ^ '''''^^^'^^' ^^^ has received authority from imperial govern- nient to make separate arrangements respecting fisheries. The relations of all the North American provinces to the United States and to the empire would be effected. We are strondyTwl^Tr^"'".*"^''"^' '""^'^''"'' communication of them. Please represent strongly how the hshery and commercial interests of Canada will be injured bv such an natS''nm-nt''nf?" i' «"";?fly/«P«rted as making, and how disastrous, from a the ul?d Ih .*! ' ''/'"'^ uf ^Z' "" ^'P*^''^*" '"^'^''y *° «ff«^t ^'^ arrangement with 0„r H fi u^ ^""'!:? favourable.than would be given to the confederated provinces. Uui difhculties under the new American tarift' are sufKciently great now." 45 Your excellency was, . .11 the same (lay, moved to iv,|uest fr,,,,, Lord Kmitsford conin.umoation ot the authority possessed by Mr. ]{ond, and lik.wi.se t.. uive tliat no ananKenient l.e eonduded until your government should l.e informed of the nature then'ot, and unless Canada shouhl he given an opportunity to l.e included therein if she should so desire. It appears also that the high connnissi(.ner waited ..n L.rd Knutsfonl i.ersonallv and expressed at large the views which are indicated in his l.-tter of the •'7th OcK.her Alx.ut the loth Novendjer last, it transpired that a draft cnventic.n l.etween Xew- tcundland and the I nited States of America had been prepared in the following terms :— "AHTKLE I. " United States vessels to have privilege of purchasing bait in Newfoundland on the same conditi^.ns as Newf,.undlaml vessels, and to be allowed t.. touch and trade sell their hsh and oil, and procure supplies, paying same dues as Newfoundland vessels and conforming to the harbour regulations. ' "ARTICLE II. " Facilities shall be given for recoveting in United States courts ..f the penalties' incurred under bonds by United State- citizens. " ARTICLE in. " United States admit, duty free, Newfoundland codfish, cod oil, seal, and herrings salmon, lobsters, &c., and crude pioduce of mines. "article IV. " Convention to continue for ten years and thereafter from year to year, subject to years notice. " •' j f j ^ It may be necessary at this stage to call the attention of your excellency and of Her Majesty's piincipal secretary of state for the colonies to sum up the grounds on which your excellency s advisers feel Ijound to remonstrate against the separate arran<'e- ment being made between the United States and one of the British North Vmerican provinces to the exclusion (.f the others, relating to the fisheries and connnerce iroin the earliest period in the history of the North American Hshery question down to the opening of negotiations with Mr. Bond, Her Majesty's government has invariably recognized the fact .that the interests of all her possessions in British North America with regard to the fisheries were bound up together, and could only be properly dealt with on a basis common to all. f t j This view has prevailed at every step in the diplomacy and in administration, the two great points on which the Atlantic fishery (luestion has always turned bein" the competition in fishing between British subjects and foreigners and the (luestion (.f access to the markets of the United States for sale of fish caught by British subjects In early times the negotiations which took place between Great Britain and foreign countries concerning the fisheries had chiefly in view the bank Hsheries off the coast ot Newfoundland, the prosecution of which was immensi'ly facilitated by the obtaining of supplies and outfits in the island of Newfoundland and on the cr.ast of some ot the pn.vinces now fonning part of Canada. These fisheries, with that adjunct were regarded as the principal object to be secured and established in any arrangement made by Great Britain and the great object aimed at by the Unit.-d States and France £ .^^n, *'"^'*.*^ "* ^""*^ between France and the United States (article x) provision for the fisljery rights on the banks of Newfoundland were stipulated for by France and guaranteed-by the United States. . P^l F-oo^^ ^*^*®^ ^^'^ ^"'^^ ^^ stipulate for the enjoyment of these fisheries by the treaty ot 1 (83. •' It was to establish the successful prosecution of the fisheries by her people that J? ranee incurred such enormous expenditures in fortifying Louisbourg and in retai lim? posjicssions in North America, and that the New England colonies, by two successive 48 wxpeditiiiiiH, iitfoinplisluMltliecivptuit'of L<»ui}fl»uij(, mid thernby adiU'vetl n suoceHs which was (lt-s(ril)('(l un liaviiij; <(.uiitt'il)alimcf(l all tlic . It WHS witii the sanif view that Loiil Ninth in 177') intiixluied his l)ill to prevent the iiilialiitants of the New Hnjijland States from fishing on the i)anks, althou^^h it has now Ion;; since been conceded that these HsherieH th»;iiiHch>>s are ojien toall nations. The Ilird Article of the tn ly of Paris (17H;{) dealt in a sinj^le paragraph with " uncli /»irf 11/ f/ii- roiisf nf Xei(ih>'ui<{ ax /Iritis/i Jin/Kriiirn iim; ninl dh,, the ronxtn, hiiijn, mill '•ri'i'k.s iifiill 0/ IHh liritanun- .WiiJi'm/i/m domiiuiiiis in Aitn'rlrn." When the treaty of (Jhent w.is being negotiated, in ISl ,, the bank tisheries were being extensively prosecuted by both American and colonial fishermen. The Americantt, however, adopted the policy, which they will doubtless presently revive (if such a con- vention as that proposed bt^ adopted), of granting a bounty to aid their own Hshermen anil establishing customs duties against all others. From I si.") to 1818 tli-- l)ounty paid in the (United Htates to Hshermen rose from 1,811 dollars to I l'J,000 dollars, and after the convention of 1818 it continued to rise until, in I8;J8, it wa.'- upwards of :U l,()()0 dollarH. ' ■ ^ On the 17th June, l^il^), Lord IJathurst conveyed to Vice-Adniiral Hir Richard G. Keats the command of his Hoyal Highness the Trince Kegent, that while he was t(» abstain from interfering with the tisheries in which the subjects of the United Htates might be engaged, either or. the (Irand Banks, the Gulf of St. Lawrence, or other places in the sea, he should "exclude their lishing-vessel.s /)•()/;( t/n' hni/s, /mr/ioiirn, n-ff/cx, ond infi'/x 11/ II ix Miiji-xfi/x jiiixxrxxiotix.'' His Lordshi{), in writing to the (Jovernoi' of New- foundland, said, "The sui)jects of the United States can have no |)retence to any right to tish within Hritish jurisdiction, or to iixi' tin- lirHixh territory /or /mrpoxex connected with f/ie /Ixlii'riex." When the treaty of 1818 was made, although a special privilege was given to United States Hshei'nien of fishing on certain parts of the coast of Newfoundland, of the Mav;dalen Islands and of Labrador, in all other respects the fishermen of all the British pro\ inces received the same protection, and its provisions were made in the interests of all alike, especially those by which Unitetl States fishing vessels were pro- hibited from entering the bay.s and harbours of British North America to obtain facili- ties in the prosecution of the fisheries. The imperial statute of 1819, which was passed to make this treaty effective (.")<) Geo. Ill, cap. 38), as well as all the acts passed for the .same purpo.se in the liritish North American provinces, followed the same pi-inciple, and weie uniform as to their substance and spirit. The treaty of reciprocity of the oth June, 1854, made provisions as to the fisheries and connnerce which were common to all the provinces. The rights which it gave to United States fishermen were rights in all the fisheries of British North Ameiica, and the conunercial concessions made by the United States were made in favour of all the British North American provinces which were willing to accept them. In the Washington treaty of 1871, although Canada was repi-esented among Her Majesty's plenipotentiaries and Newfoundland not represented, there was an express provision, by Article xxxii, that the treaty provisions I'elating to the fisheries and commerce which applied to Canada and Prince Edward Island, should extend to the colony of Newfoundland, so far as applicable. The Washington treaty of 1888 included Canada and Newfoundland under one provision, although, as before, Her Majesty's connnission to Her plenipotentiaries did not include a representative from the colony of Newfoundland, but included a representative frcjm Canada. The modus vivendi attached to the treaty was common to both Canada and New- foundland, and, until the fishing season of 1890, was kept in force by both countries ; the licenses issued to American fishermen by Canada being recognized in Newfoundland,' And those issued in Newfoundland being recognized in Canada. ♦ I X ^^ 47 On lit least two occiiHioiiH there were stmriff pxprossions from Fh.r :Nrui.'stv'.>t uov •rnnient to uichcato that any polk-y ii..t cunmi.m t.. all th.' Ilritisli N.,itli Vmeik-an provinces would nut leceiv.. the appn.viil of tlmt K«>vciiiiiiirit Th.. tiixt of thm. instances o.vurivd in IHCH. A .oMunitt,.,. of the hous.- of xvinv- 8..ntativosat\VashinKtonw,isa,,point,Mlin that year, "to in.,uire ami ie,„„t at the noxtHeMsumot.M,nKresstlR.tulle.stan.lnioHt relial.le inf..nnation fhev cumi'i ol.tain ia regard to th« colony ot Pnnce Kdwanl Islan.l, in.ludin;,' parti, uiarlv whatever ..add he ascertained as to the kind and ai,i..unt of in, ts and exports t,. and fn.in the island and the views an.l .lisp.,sition, as well a,s authority, of the ..■..loniai ;,'..vei„.nent ' t..'enter mto any puiticular or excepti..n.d arran«e,nent ..r agreement, hy legislative enactment, with the tinted Estates, c<»ncedinK and securin^r such privileges us t.. tisheri.'s on th« coaHt as were contemplated" in ,i resoluti.m which had l...en r.-ferr.-d l., tl unnnittee of ways and me.uis t.,r their r..p.,rt„ whi.h r..s.,lution l.,oke,l in the ,lir...t...n of free trade l>etween Prince Kdwanl Islan.i an.l the r.ute.l States as a return f.,r li^hini/ under a n..minal license tee, .,„ the cast of t!„ i.ian,'. ami for the ri«ht ..f American hshin« vessels t.. enter t.,r shelter, ..r t.H.htair .upplie. umI t.. retit free .Tf .l„tv ,.r in.post the committee ot the house .»f represen at; es pro. ._m1,.,I t.. l^inc.- Kdwanl Mund m the summer of 1H..H, and had a conferenc • w ih t'.'.eey.cutive c.u.ncil .,f that pn.vince on the subject ot the ros..luti„n Certain pr..p wuions .ere made l.v the cniiressiomil committee, and were av.a.n'.l l,y the executive . ■ ui.cil with slight 'mo.litications The executive counci ma.h- a tavoundjie rep.,rt on the sul.ject ..f the .•..Mf..r,.nce, exi-n-ssi,,. iT .. r '7 -p •■'"'*''v r''?\T T""';* *'•'"' *''^^»"'''^'''" t" the pn.p.,sitions, although they related t.) Prince Kdward Island ordy. The lieutenant «.,v..rnor. on the l'7th Au>,'U8t, IHGH, communicated to the Duke of Buckingham and Chan.los th.- n.em..raM.lum .,f his ...uncil, an.l informed his grace at the same tmuMhathehml "th.,ught it right t.. express clearly, in writing to his'-.a.ncil that a colonial g..vernment had no auth.a-ity whatever t.. cnfr int.. anv particular or exceptional arrangement .)r agreement with a fon-i./n p.)wer ■ ' On the ;50tli .September, l,s«8, the Duke of Buckingham and Chaml.,sacknowle,|.red th,. rece.p o the despatch r.,m the lieutenant g..vern..r which inclosed the memomn- dum sen t.. him by his a. VKsers, and staf.d that Her Majesty's government entirely approved ..t the answer which the lieutenant governor had made t.. his c.aincil Her'e tlie matter ended. Anoth..r instance occurred in July, 1887, when the American minister at the court ot St James c..mmiinicated to Sir Ambr..se Sh.^a that, "should the government of Newh.un.lland see ht to give notice that American fishermen be a.lmitte.I to the ports ot that pn.vince ..r the purpose of obtaining supplies, the prop.,sal woul.l be conliallv accepte. and acted on by the government of the United States. H.t Maiestv's principal secretary of state for the coloni..s informed the orticer admini-tenng the government ..1 Newfoundland, that n., separat. action should be attempted hv the Newfoundland g..vernment, in the direction suggested, with..ut full p.-evious communi- cation with i^ler Majesty s government." These documents were transmitted to your excellency's predecessor. In the end the attempt to negotiate a separate arrangement between the United States and New- toundland was abandoned, and negotiations were opened with Her Majesty's govern- ment on beha f of Newfoundland and Canada. This^-esulted in the Washington^3y of 1888 whu-li was only defeated by want oi concurrence on the part of the Senate of liavea"ctedinco!^ert "^ * '""'' *''*" 8°''^"""^"*" "^ Newfoundland and Canada here lontfnde.TfoT' "^ ^^'''^""'""^"'^ ^as repeatedly recognized the force of the view fh« /"-'r. "'"'''■'''" *'-,"''^?'"J^'*y>I'"""P''' secretary of state for the colonies from issr^^r /""''*''' '"'^•'r'^''^ assembly in Newf..undland, dated the 18th May 1886, after referring to the fact that the British fishermen engaged in the pro.secution 3 TZo ^fH':'^^ ^^. «^%^^ advantages over American fishermen under the convention ot iSi;., aiiu ai-.i:r stating further, that the United States had abrogated the treaty of 48 Washington and renewed the impost on fishery products of British colonies, the follow- ing expression, which may now he aptly applied to the prospects of the Canadian fisher- men if a separate arrangement should be made for Newfoundland, was used : — "If we supinely assent to this course, we shall provide these (our rivals) with the means of shutting us entirely out of the United States markets." In a despatch dated the 14th January, 1887, from Governor Sir G. Des Vrpux to ^Ir. Stanhope, the former well described the position in which Newfoundland fishermen would 1)8 placed if obliged to furnish bait to foreign fishermen who would be in com- petition with them in the markets of the foreign country, while these market;? were practically closed to the products of British fisheries. He says : " It is evident that Newfoundland is thus furnishing the means of its own destruction." Further on, in the same despatch, the writer states : " I have very good reasons for believing that, as regards the United States, the right of obtaining bait would be restored on the opening of the American markets to Newfoundland fish, or (if common cause be made with Canada) to all British fish." Referring in a subsequent passage to the Canadian statute passed in 1887 for the enforcement of the treaty of 1818 by the exclusion of American fishing vessels, except for the purposes for which they were allowed to enter, under the convention of 1818, his excellency said : " I may mention, as probably having escaped notice, that this object will, to a large extent, fail to be secured if a similar measure in this colony should not be enforced, ks it is not impossible that the Americans could afford to disreyard the prohibition of bait supply on the Canadian coast if they were assured of being able to procure the bait they require on the coast of NetvfoundJand. The interests of Canada and of this colony being thus to this extent identical, it is not difficult to foresee that any further delay in the allowance of the bill would give rise to the strongest pressure on the part of the Canadian government." In a letter from Sir Robert Thorburn, Premier of Newfoundland, to Her Majesty's principal secretary of state for the colonies, dated 27th April, 1887, on the subject of the Newfoundland Bait Act and of the remonstrance of Canada against the same, which has been put forward on a supposition that Canadian fishermen would be put in the position of foreign fishermen by that act, in being obliged to pay for licenses. Sir Robert Thorburn said that the inference drawn by Sir G. W. Des Vceux in his despatch relative to the Bait Bill, that Canada would suffer from its disallowance, inasmuch as American and other foreign fishermen would continue to procure their bait supplies in Newfoundland waters, particularly if excluded from this privilege in Canadian waters, seemed a perfectly clear conclusion, and served practically to illustrate the desirability of British fishermen retaininy the undivided control of so important an element as the bait supply, giving them vantage ground over their bounty-sustained rivals. when the arbitration took place at Halifax to settle the compensation to be paid by the United States under the treaty of Washington, the British case was presented by an agent of Her Majesty's government, in consultation with counsel from Newfoundland as well as from the provinces of Canada. The following is an extract from that case which will serve to indicate the value of the privileges which were supposed to l)e accorded to United Suiles fishermen by the treaty of 1871, of procuring bait and of making Newfoundland the basis of operations, while the disadvantages to Newfoundland fisher men which are there set forth affect equally Canadian fishermen who pursue their vocation in the bank and deep sea fisheries ; — " Apart from the immense value to the United States fishermen of participation in Newfoundland inshore fisheries must be estimated the important privilege of procuring bait for the prosecution of the Bank and deep sea fisheries, which are capable of unlimited expansion ; with Newfoundland as a b^^sis of operations, the right of pro- curing bait, refitting their vessels, .drying and cur.ng fish, procuring ice in abundance for the preservation of bait, liberty of transhipping their cargoes, «fec., and almost continuous prosecution of the Bank fisheries secured to 'hem. By means of these advantages. United States fishermen have acquired, by the treaty of Washington, all the requisite facilities for increasing their finning operations to such an extent as to i\ 'n •f 49 i enable them to supply the demand for fish food in the United States maikets, and largely furnish the other tish markets of the world, and thereby exercise a competition which must inevitably prejudice Newfoundland exporters. * * * * " Not only are the United States fishermen almost entirely dependent on the bait supply from Newfoundland, now open to them, for the successful prosecution of the Bank fisheries, but they are enabled, through the privileges conceded to them by the treaty of Washington, to largely increase the number of their trips, and thus consider- ably augment the profits of the enterprise." Attention may now be called to the action of the United States administration in the present year. By the adoption of the tariff measure which is popularly known as the " McKinley Act," the customs duties of the United States are greatly increased on nearly all Can- adian products (including fresh fish, unless caught in vessels or by nets owned by Amer- ican citizens). While this measure is in force, and is avowed to be de; i^ned to teach Canadians that they cannot avail themselves of the markets of the United States while they continue their allegiance as British subjects, a separate arrangement with New- foundland would practically dissolve the protection given by the treaty of 1818, by enabling American fishing-vessels to have access to the ports of Newfoundland Jis a base of supplies and for the purpose of transhippir.g their cargoes. The protection afforded l)y that treaty for upwards of seventy years would thus be taken aw; y from Canadian fishermen and Newfoundland fishermen alike,' but there would be special compensation to the fishermen of Newfoundland in the shape of removal of duties, while the Canadian fishermen would be made to pay enhanced duties under the new American tariff. While this would, perhaps, be the most effectual method of impressing on the minds of the Canadian people the lesson that they cannot be British subjects and enjoy American markets. Her Majesty's government can hardly, on reflection, feel surprised that your excellency's government have not for a moment believed that Her Majesty's ministers would co-operate with the authorities of the United States in inculcating such a lesson at the present time. i The subject has also to be viewed to some extent in connection with the question of the confederation of the provinces. The union which was effected, in accordance with the strong desire of Her Majesty's government, in 1867, has alwavs been viewed with unfriendly feelings by a large portion of the people in the United States, who continue, with great reason, to regard it as .i means of consolidating British power in North America. The confederation provinces, at great sacrifices, have striven to accomplish that object ; they have made progress in the direction of its accomplish- ment, of which they feel some pride, but they are now threatened with being placed in a worse position, as regards some of the most important interests of their commerce, than the one colony in British North America wl^ich has remained outside of the union. The adminiistration of the United States has long been aware that the government of Canada is willing to enlarge the trade relations between the two countries by a system of reciprocity. That intention has so often been announced, in offers from the Canadian government, in proposals put foi-ward by negotiations, in customs legislation and in public declarations of responsible ministers, that the authorities of the United States have from time to time resented what has been considered the importunity of Canada in this regard. Her representatives have often reproached Canada with being unable to maintain existence without reciprocity, and asserted that the livelihood of her people is dependent o\i tariff concessions from the United States. Canada has been constantly accused, by public men in the United States, of adopting a severe policy in asserting her fishery rights in order to force negotiations for the extension of trade. Her Majesty's principal secretary of state for tl^i colonies may, perhaps, with propriety, be reminded, on this occasion, that the complaint constantly put forward against Canada in the United States is, that Canada denies hospitality in her ports to American vesselH, which is not denied to Canadian vessels i " ' ' " 23c 10 23/1—4 ruitctl States ports, so When the treaty of 1818 was negotiated the abstention by American fishing-vessels from using British ports, except for shelter, repai.s, wood, and water, was conceded by the United States negotiators in return for the right to fish in-shore on parts of the coasts of Newfoundland and Labrador, and on all the coasts of the Magdalen Islands. This privilege, so rarely accorded by the people of one country to the people of another, was boasted of by the American negotiators, after the treaty of 1818 was signed, as having secured to the United States the most valuable fisheries on the British American coast. The people of the United States liave made no proposal to relinquish that benefit, but they complain that the concession by which it was purchased should be enforced. It seems necessary also to remind Her Majesty's principal secretary of state for the colonies of the peculiar position in which British and Canadian fishing interests will be placed by such a convention as that proposed, in view of the Bait Act of Newloundland. Under that act and the regulations made by the government of Newfoundland, under powers conferred on them by it, no fishing-vessel can enter the ports or harbours of Newfoundland to obtain bait without a license, which can only be obtained under very onerous restrictions, which exact, among other things, a very heavy license fee. His lordship will remember that that act was only allowed by Her Majesty's government to go into operation after the most distinct written plpdgesgi\en by members of the Newfoundland government and by its representatives that no license fee would be exacted from Canadian fishermen. During the fishing season of last year that pledge was not observed, and the same fee which svas charged to foreign vessels was exacted from Canadian fishermen. His lordship will remember that the attention of Her Majesty's government has already been drawn to this subject by minute of council of your government ; and that, *>n a subsequent occasion, in the month of August last, the high commissioner for Canada and the minister of justice had an interview with his lordship, in the presence of two delegates from the New- foundland government, in which, on behalf of Canada, this whole subject was presented again, and in the course of which his lordship was good enough to urge upon the dele- gates from Newfoundland that their government should keep faith, when that faith had been so distinctly pledged. The delegates from the Newfoundland government present at that time professed ignorance of the pledges which had been given until they had communication of them in London ; but they assured his lordship that the atten- tion of their Government would be given to the matter immediately, with a view and desire to carry out the promises which had baen made. The fulfilment of this renewed promise and the exemption of Canadian fishermen from the provisions of the Bait Act would not lessen any of the objections which have been stated in this report : but it seems necessary to remind Her Majesty's principal secretary of state for the colonies that if this promise should still go unfulfilled, and the draft convention be adopted, the singular case would be presented of one colony of the empire admitting foreign vessels to privileges in her ports and excluding the vessels of the neighbouring colonies as well as of the mother country from the like privileges. Respectfully submitted. JNO. S. D. THO^IPSON, Minister of Jitstice. CHARLES H. TUPPER, Ottawa, December 9, 1890. Minister of Marine nnd Finhe.rien. No. 44. Copy of a Report of a Committee oj the Honouvahle the Privy Council, (xjyprovedlnj His Excellency the Governor General in Council, 'on the iilst Decetnber, 1890. On a memorandum dated 17tb December, 1890, from the minister of marine and fisheries, submitting a petition with annexed document from Mr. Henry Dicks, owner of the schooner " Hattie "18 tons, registered at the port of Gharlntt.etow!'., PHik-c Edward "•r 61 « « d Island, from which it appeafs that Mr. Dicks, having taken out a " Fishing ])ount y license" under the provisions of an act, chapter 96, Revised Statutes of Canada.'intituled " An act to encourage the development of the sea fisheries and the building of Hshinar vessels," cleared his vessel from Murray Harbour, Prince Edward Island, "on the 28* h April, last. That on the 5th day of July, he entered the port of Channel, Newfoundland, reported at customs, paid the usual light dues, and made entry of fishing supplies consist- ing of 130 empty herring barrels and 4h tons of salt. That a duty was exacted from him on his supplies, amounting to §10.70. That upon protesting against the payment of such duty. Mr. Dicks was detained four days, but in order to obtain a clearance to proceed to fishing grounds he eventually paid the duty, though the barrels and salt had not been landed. That having cleared from the port of Channel on the 10th July, for coastwise tishing, having on board the aforesaid fishing supplies, usual stores and a seine, pre- ventive ofKcer Richard Furneau, in the service of the Newfoundland government came on board the 7th August, when he was seven miles from Burnt Island, and seized his vessel for alleged violation of the law in hauling herring with a seine. That he afterwards proceeded to Channel and was granted a license on the 11th August to continue fishing, on giving bonds for §2,000, that the fish were for food and exportation. That having resumed charge of his vessiel an officer again came on board, and would not allow the petitioner to resume fishing. Shortly after the petitioner discovered that his seine had been " tripped " and that the herring were lost, by the interference of the preventive officer. That on the 13th August the petitioner paid §18 or 81 a ton to the customs officer, getting a receipt therefor, but the seizing officer refused to allow the ship to go. The petitioner was arrested and on the 20th August was tried for an infringement of the Bait Act, and a fine of $6 was imposed. The petitioner being unable to afford an appeal, this fine was paid. The herring season was then over, the crew had become demoralized, the petitioner had sustained very serious loss, and being an ordinary fisherman, he was unable to seek redress for the interference which resulted in the loss of his fish fi'om the seine, as well as that of the fishing season. He claims the sum of .§2,000 damages. The minister also submits a report on the above mentioned petition from Lieutenant A. R. Gordon, R. N., oflicer in charge of the fisheries protection service ; from which it will be observed that he considers the loss of the 300 barrels of herring equivalent to a money loss of §1,300, while the undue interference on the part of the Newfoundland authorities, resulting in the breaking up of Mr. Dicks' fishin.s,' \oyage, occasioned damage which, together with the loss of the fish, could not be compensated for less than the amount claimed, viz. : $2,000. The minister observes that throughout the whole transaction there appears to have been every disix)sition on the part of Mr. Dicks to comply with the requirements of the local laws, and in this connection the minister invites attention to minutes i^ Tb« on"!! '"" ""■"'"?!!" il'e »■"■« «l»ut thiee hund,-ed barrel.. .cbooner for violation of tie ZT^J^^XS:^:^^:^-: '"-^ ''•»■"' '" "''^^ ™" -''S{Ht'' -^T^" "^^ »ei»d y petiti™" £**z^;^Et:"b:;;si' '"' " "'^' '"•' ™«"'" ''"" -'---o ^™- Ihat a copy of the reply is annexed marked " C " That a copy of said hcense is annexed marked " D " for ^P^o'tUt'S l-et SSd Lt'Sn"'* '™ '""""• """ '° ^'^ '»-'' Ihat a copy of said reply is annexed marked " F." SquaSe^-ldtSltirtlreJSS^fSfl"^^ .^ply, a copy of which is annexed n^.a'J-ked " H," t^ p^^ f„ itnl ""'' "™'™' «lperto,°LT'«l io'MrT''''°';''°"" ""' '" Cl»""el «™i Pdd the lice„« fs*, cease?"' P'*'*'"'"' ^"^ *^"^' "^ ^' ^^^^^ '"'«* '^^--d an appeal, and further interference iv ^' 64 By thi^ time the herring season was o ^r, the crew demoralized and your petitioner has taken no iish since, and the loss was very serious to your petitioner, who is an ordin- ary fisherman, unable to privately prosecute the parties who interfered and caused the loss of the herring from the seine and the loss of the season's work ,ind worry and trouble to your petitioner ; and your petitioner claims ^2,000 damages. Your petitioner therefore humbly prays that your honour would make due enquiries into the actions of the officers of the Newfoundland govern inent and demand i-econipense from them for damage caused and loss sustained by your petitioner in the premises, and a refund of the duty. And your petitioner will ever pray. HENIIY DICK8. Witness, D. A. MACKINNON, Notary i'>Mic. [EiiclMure 3 in No. 44.] "A." No. 4. 1890. Fishinrj Bounty Liceufie, under Stath'^^ 4'> V'^frirw, Clap, 18. Port op Murrav Harbour, P. '1 i !» herein named Henry Dicks, being n British vessel ' Hattie," 18 tons meas'iirement, regicarfni .>t . 28i:.ji day of April, 1890. V,ecc. an i owner of the British Ohurloi tetown, P.E.I. , official number 88,G "t4, airrying a crew of four uien, having declared to me his intention to employ th( "Hattie" in deep sea iishing in British vMaters, for fish other than shell fish, .salmon anc »-l)ad, Oi." fish taken in rivers or mouths of rivers, for at least three months during the year 189C; is granted this licersfj in order that the above named vessel, when having complied with the regulations, may l>e entitled to claim fishing bounty. H. J. BRENANT, Sub-Collector. [Enclosure 4 in No. 44.] "B." Port op Channel, Newpoundland. These are to certify all whom it doth concern, that Henry Dicks, master in com- mand of the schooner " Hattie," burthen 18 tons, mounted with no guns, navigated with 5 men, B. P. built, and bound for coastwise fishing, having on board 130 herring barrels, 4 J tons salt, ali duty paid ; also stores and seine for the use of the voyage ; hath here entered and cleared his said vessel according to law. Given under my hand at the custom house, at the port of Channel, in the island of Newfoundland, this 10th day of July, one thousand eight hundred and ninety. Plantation No. 20, General Clearance (Long). CHAS. MOURANT, Sub-Collector. [Enclosure 5 in No. 44.] "C." Newfoundland Government Telegraph Lines, No. Oppice Stamp and Date, 9th August, 1890. Line No. . — Place from, Channel, . — Nc. r* words, 17, paid. No enquiry respecting this message can be attended > ithout production of this paper : — To Henry Dicks, Burnt Islands. Better come up, cannot understand your case. MOURANT. 56 [Enclosuie 6 in No. 44.] License. Fw Newfoundland deep sea Jialm-y. To purchase, haul, or take bait fishes for the prosecution of the fishery. According ti. the provisions of the act passed in the 52nd year of the reiirn of Hpp pvesent Majesty, entit ed " An act to amend and consolidate t^law re la Ko th! exportation and sale of bait fishes" permission is hereby dven to C,mt H V n1 I * Dated at Channel, this 11th day of August, A.D., 1890. CHAS. MOURAM, Countersigned B.Bond, Sub-coUector of Customs. Colonial Secretary. Reference annexed, to 52 Vic cnn fi s« fi « o in ,>«,] n - .• ftshes. 1 ""-'-' V It., cap. 0, s.s. b, ^, y, 10, and 11— re-exportation of bait Line No. [Enclosure 7 in No. 44.] « jj » Xewfmmdland Government Teleyraph Lines, No. 1. Office Stamp and Date, 12th August, 1890. .—Place from. Rose Blanche.— No. of words, 17, paid. this ^a^'r"""^ '•expecting this message can be attended to without the production of To Capt. Dicks, Burnt Islands. may havf fZ ^ ''""' ^" "^^ ^''^"^*^"' ^^•^"'^* ^'^*«^«-' ^»— -y "--e you PREVENTIVE OFFICER. [Enclosure 8 in No. 44.] " p .. Newfound/and Government Telegraph Lines, No. 4. Office Stamp and Date, 12th Aug., 1890. -Place from, Channel.— No. of words, 19, paid, paper^*" ^""^"''^ respecting this message can be attended to without production of this To Henry Dicks, Burnt Islands. P.'S'.Jn'tT'S '"" ""^ ^y """"^ '••- «»-. - ergo i, u,.e„ded food MOURANT. Line No. purpose, and not for bait. 66 [Enclosure 9 \n Nt). 44.] "G." Customs, Burnt Islands, 12tli August, 1890. Capt. Dicks. Dkar Sill, — You are directed by the colonial secretary to pay a fee of .^1 per ton of your schooner, and to give l)ond that your lierring will l)e duly cleared and landed at some port or porta in the Dominion of Canada. Other business calls me to Rose Blanche, or I would stay and see you myself. You can therefore pay Mr. Tuesdell and make the necessary bond with him. In default of payment I will take legal proceedings. So the best way would be for you to settle this matter in as quiet a manner as possible. Yours, itc, R. FURNEAUX, Preventive Officer. [Enclosure 10 in No. 44,] "H." Ffotn Actiwj Attorney General, St. Johns, to .Vni/istrnte, Channel. St. Johns, Uth August, 1890. If foreigners haul herring for exportation for food and give bonds with approved sureties, they must pay $1 per ton, but may take all they require. If hauled by our own people and sold to them for same purpose, and, they comply with like conditions, they need pay no license. Actinfj Attorney tlvneral. [Enclosure 11 in No. 44.] Dejiartment of Marine and Fisheries — Fisheries Protection Service. Meteohological Office, Toronto, 3rd December, 1890. (Letter to Lieut. A. R. Gordon, 6th Deconber, IS'.M), Lb. 6,i, j). iioU.) Hon. C. H. TUPPER, M.P., Minister of Marine and Fisheries. Sir, — I have the honour to forward herewith a petition addressed to you by Henry Dicks, of Murray Harbour, Prince Edward Island, and I ask your favourable considera- tion for the prayer of his petition. The case is fully set out in the petition and accompanying documents, and I beg to oflFer thereon the following remarks : The schooner " Hattie " leaves a Canadian port to fish in British waters in New- foundland, her catch being intended for sale, salted in the Dominion, she carries salt and empty barrels. She is entered at a customs house at Channel, and the collector demands duty On the salt and barrels in the ship, which, after protest, is paid, because vessel is not allowed to clear till the money is paid. The petitioner then fishes in partnership with a Newfoundland vessel, when a still further claim is made on the Canadian vessel, that she shall take out a license. The vessels have meanwhile got a large quantity of herring trapped in the large seine, which they are engaged in salting 'and saving as fast as the few hands they carry are able to do the work. The Canadian vessel is then seized, and a constable put in charge. A first license is taken out, which is held to be insufficient by a second customs officer, and the vessel is again seized, and compelled to pay one dollar per ton license fee. The delays arising thus caused great loss to the petitioner. His seine was tripped and three hundreds barrels of herring set free, and instead of making two successful trips he did not get a full load. 57 «ki onn'"'"^}^''- ,. **^® ^^^*''' hundred barrels herring equivalent to a loss r.f !»1,LUU, and tins with tlie harrussnient which the petitioner suflertvl at the liaiuls of the otticers of the Newfoundlauu government could not be compensated properly for a less sum than the 82,000 which the petitioner claims. i P y ui a le.s The man is only a poor fisherman, and is not able to take the necessary le.'al steps to defend his own rights or recover damages, and as he apparently endeavoured in every particular to comply with the local laws, his case is one which, I think, the Government may fairly take up in the general interests of our fishermen, for this is not an isolated case, and there IS a very strong feeling among the fishermen cm our coasts that New- foundlanders have every privilege on our shores, whilst, when they visit Newfoundland they are regarded as foreigners, and treated in a directly h-istile manner. I have heard of many cases in which our rishermen have more or less suHered at the hands of the Newfoundland officials, but this is the only one in which I have Ix'en able to get the statement put into shape for action. If further evidence is desirable the statement of the party fishing with Captain Dicks can be obtained. In conclusion, I ask your favourable consideration for the prayer of the petition as knowing the petitioner pei-sonally, I have every faith in the accuracy of his statement. I have, itc, ANDREW K. GORDON. No. 46. METEOHOLOtilCAL OFFICE, Lieut.-Col. T.LTOX, ''''"'"™' ''^ ^'"""""'y' ^''^- Deputy Minister of Fisheries, Ottawa. • ^'^'Ttt ^^^^^^"^ reference to my letter of .3rd December, 1891, transmitting the petition of Henry Dicks, of Murray Harbour, I now forward herewith the further cfecla- ration of Adam Power, (if Channel, Newfoundland. Mr. Mackinnon, a barrister, of Georgetown, P.E.I., who has carefully looked into the case, writes me as follows : — " It seems clear from the proclamation of the governor of Newfoundland on the 2nd April, and from the Bait Act, that the license obtained from Mourant, countersicrned by the colonial secretary, should have protected Captain Dicks from further annoyance and cons.equent loss. •' So far as I am able to judge, I think the above opinion is thoroughly sound, and as Mr. Dicks really lost his summer's work, I trust he will obtain compensation. I am, sir, your obedient servant, ANDREW R. GORDON. No. 46. Sir Julian Paunce/ote to Lord Stanley of Preston. jj. „ . Washington, 15th January, 1891. The Governor General, tkc, (fee. ifec. My Lord,— In accordance with instructions which I have received from the Marquis of Salisbury, I have the honour to transmit to your excellency the enclosed copy ot a draft convention to ' ait rove commercial relations between the United States and the colony of Newfoundh, • i which was communicated to me on the 6th inst. by Mr. Blaine, as showing to wha . extent and on what conditions the government of the United States are willing to enter into an arrangement of the kind propo.sed by the government of Newfoundland in the month of October last. I have, ikc, JULIAN PAUNCEFOTE. R8 [Enclomirnl in No, 40.] Convention hifdri-i-n (I'rmt Jirlhiin ,i,i,/ //... r :t .j <; <^rnI!:^^Z^:^:^T^^ ^^^^ ^^^ "--« ^ -P-- the haveul^V^ri^il^gfr/ptdW:' 1 Newfoundland .shall on the Hu no terms anr«m Z 1 ^ ^\'- ^1 ' T"' ""'^ °**^*''' ^""* "^^es, at all tin,e« Newfoundland v3s ^"' *"''^ '^"'^^^^^ ^'""^ P^^''-^''^''^ i" '^" respects as Flour, 25 cents a barrel. Pork, 1| cents per pound. 1 1 2 X°d"'. ^'""' *""''""' ""^'^''^ '"'^ "'"' '^"'"^^' -i *=''"^'' P'^ P«""^^ or Beef, pigs' heads, hocks and feet, salted or cured, h cent per p(,und Indian meal, 25 cents per barrel. ^ ^ P<>una. Oatmeal, 30 cents per barrel of 200 pounds Pease, 30 cents per barrel. Bran, Indian corn and rice, 12^ per cent, ad valorem. Wait in bulk, 20 cents per ton of 2,240 p.,unds Kerosene oil, 6 cents per gallon S.. j; aS'^XS"' j":.;'"-!? '"' ""'""^ "' Newfoundland f™n> .he U„i«d umerated ites shall '2') .50 per ».♦ 59 Art. 5.— It IS underatocKl that if any reduction U niiwlo l.y the tt.lony of New- fouiullimd at any tiniH during the term of this cnvention in the lat-s „f ,h,tv ui.on tho articles nani.Hl m Art. 4 of tiiis conventi<.n, tho mi>l reduction Mhall apply to tiie l^iiitwl rstatoH. ' ' ■' Art. 6. -The prf^stnit convention sliall tjvlce ertect hh Hoon iw the ifiws reouired to carry 't mto operation shall have l)een passed hy the congress ,,f the I'nited Stutes, .m the one hand, and by the nnperial parliament of (ireat Brit^dn and the pr.ivincial legislature of Newfoundland on th.,. other hand. Such assent havin- been given the convention shall remain in force for five years from the date at which it may come into operation ; and further, until the expiration of twelve months after either of the high contracting parties shall give notice t.. the other of its wish to terminate the same, each of the ugh contracting parties Ijeing at liberty to give such notice to the other at the end ,. i not ven in despite of absence of further delay arising from dis- solution of p. anion pn. ment be coniraenceil before March, and may not be carried (?> this year, Newtoundlan.. rests should not be indefinitely postponed. Newfoundland ministers informed n.e tli. , thev are \v illing to negotiate for an arrangement with Oanofia on a basis sinuhir to that . f proposed convention with the United Htates. Her Majesty s government strongly hop- that your government will on this understanding withdraw opposition to ratification of convention between Newfoundland and United btates, SECRETARY (^F ST VE. No. 48. Copy of a Report of a Committee of the HoMunihle the Privy Comu-U, approved hy Hi» Excellency the (Governor (ienend in Council, on the 20th January, 1S91. On a report dated 20th January, 1891, from the minister of mnx 'e and fisheries, submitting with reference to a minute of council of 31st December, i890, itlative to JVlr Henry Dicks for cm.pensation for .illeged illegal treatment by the customs authorities of Newfoundland, for the information of your excellf . y further correspon- dence on tlie same subject, and recommending that it be brought to the notice of the government of Newfoundland. The ccmmittee ad«se that your excellency l,e moved to communicate the enclosed intorraation o the governor of Newfoundla d. All which is respectfully submitted for your excellency's approval. JOHN J. MoGEE, Clerk, Privy Council. 80 [Kiickmir.. 1, in \,,. 4h.j DoMi.vn.N OF Canada, | Provmc..of IVince K(lw,ml Islan.l.l Biw:Vrl:rr:;il.;t,;;fi;::t;;:'l,.'::;i;L^ ■■' ■\!:~>- "»■•'"-. i.. rn..» •■; 'I in-i"!- "f ti... N\.wf,Km,u«,,,T;;!!;,';.n,!;,',', ""' "' '""'""""• " "■• '""* Killers County, Til irit : rh,it I mu umstvv of tlu- sdioon.-r '• H„ ,-,■ MaLv. " f u • That almut tlu- r.th or (5 h ,1 f A T ' "* ^ '"^""^1 afoivsai,!. mul tab. fron, his seine u .nurnlus nua,ZV l "'^ "''''\'*'^^^^^^^^^ When T arrived C.ptuin Dicks .-an... ..n homJ . / "' '' "^""^ *" '^'"-"t I^l'uul... nml h.rrinK we.v all ,.,„.. fro„ h^Ho ^ Sit / . '"V"^ 7"'''.'''''' '-^•''' *''PI-' found th.orticer of the euston.s in ch.uKe of hi.let ' "" "'''^ ''" -'^— ' ''"'1 1 ifit Captain EaHtnian. of sihooner " Anni.. r " \, i ■ . , tnpiH.,1, and also .said that there wa a l.iX , f , "' '^'. '""' '"''•' ""' *''« ««'""<^ ^v,u. five or six hundred l.arrel.s and tl at t . v^, I ""■'"'*^' '" *'^'^ **«'"" f'»' ''"v before, « fortni,d.t after, I n.et C . ek at^ Cha .nlf" n' "/^ '•"! l''''''^^'- ^f'-^t abou neaux, had detaine,! hin, l[. days a Hu t I'Z '"Th.:; V'!'"/" n""' *''^' *'*^-' *'"'- of his he.nn«, nn.J saw that they were da.naLre i.v 1 '^^"''' '"'" '^""P*''' "P «'""« too long, and that their .mle wmd.l 1 e s3Tbv T/Ti"" ^'^'^'/'P'*'' *" ^''" ^^«'"''^'- Uie he could not cooper then, up ecfu, t ^'^h '^'t'^'^'T TJ"'* Captain Dicks told 100 barrels T consider his loss wL Teou v 1 ,. /'^-na'''''"\^ ''"^•""^- '^'"'» "" * '« were worth then ilve a.ul six dona's b r I n 1 ^T "'" t^'«''«'^''^»t.s, as herrings expense of taking so nnu.y iMci he H.« o^^ "T, "■^'•' '" *'«"" ''"'' *»'« nnd the expease. That he was ZSd"it CI u,,M 'T'' ?"''' ""f P'^>' ^''' ^^e trouble great deal of trouble owing to CapbS\io ••-.;/ ""' '' '"^"''^' '""' ^^"^ P"* *«> " .nent officials acting otherw se a, IT ir/s 1''?'^ the other govern- fully dealt with by'the preveJtiye officeT a d 'o he V'^ 'T'" "'^^'-•y -«! unlaw- ful I „,ake this solenu, cLlara on, c^ns cientlu v j'^r'''"'' V^'' ^'"^ goyermnent ; l>y virtue of tlie act respecting judicial oat £"^^ ^^'"^'"^ ^^e san.e to be true, and Decl Llared before n,e at (Jeorgetown, in King's 1 county, Prince Edward Island, this 20th'- day of November, A. D. 1890. I ADAM POWER. I>. A. Mackin\on, Notary Public for Prince Edward Island. No. 49. 61 o.msi(U.mtioM. '^" ^" .'." 'Initt mIu.-I, Imd then been uiul.-r your excellen..vs Hdvi,s..,.H, thov are ...t t - 1 t . f. ,^"'f' '''.'"'''• '" " 1''"' .1.U.-.I the •'.•.nl .Janumy instant, nu-.d „, .^ . '"' ''•"^'"'^•'' "»' '-'' Knutsfor.!, t" h.. .■..uv..Mti,.n proposed tV.r Newf oun lu ""'"'v.'nieMceof ,|,.',iy with re«ur< "...I -though o.>j.Ui!us in p..inf: p • ;:;^, ;7«'' •";'>■ ''<"''.y l.'ui' h..n asKd Her Ma f.stv's jrovennn....t «,ll in '"'. '"'^''inwM . .x....enoy. i.vin.t:;':;;r, ^^ S ::vS;::'""; -Y ^^■''"" ^''" •"--' "^ vour 1«M' last was made known to the nri , ,„i ' '' '\'"'^'' '*'"^ ^--''si.ler.-d i„ Ivmn- ship intimated that if ( ^u.a.i V er w 1 1 ' ''''^' "' ''"'" *'"' '''•' '-•"' ^-' •' '^ •• - .nuHlland c■on^ention would .r.^. Hud 7'."""^"V.' .'^"tiation.s at onee the N 'w- »>elmlf of Canada could ,o on 1/ / 1 wi " .os:''"''''"?''^' '^' 1'"'^ '.•';.'.. tiations.n Your ex<.ell,.nevs «overnment at , Lll ^^">^^'-^'H>^nhn«,st on the importance o tt^.t^otrtior!'''"'"^ •"'"' "'^ «--^"'..."»"t of sh..w that while. .s".;t:,^X'nd:;:;;e';n^ i ''"' ^^^r^'' — ^-" -h- advantages afforded t<. the Kritis \o,t A. ■ T! '^I'P'''*^«' "' D.'ceu.her last the would l.e reduced ahnost to a ^ itv U^ ifZl7T ''^^''''"'J T^'' *'"' ^"--ty o 18 8 '"I"'>tted to the nmrkets of thru^^ii" ^I Htate^ ^ F'"'^''T "^ ^*^«'^"""'«lland wouhl be to .hsplaee very largely the like p du t^e o,"^/ 'L'T ' ''/«'"-^"^''«" - -^J. ternis as country. ' e.xpo.ted by the h.shennen of Canada to that an.2tS:Shf-f->«,^^ rt. ,.licy to ,. that no eonnnereia. mv-olve tariff cIiscti„dnationagain7t[].erL.n'' '? '^ ^''"""''^ ^^''i^'h would approval of Her Majesty's go^-er n.e t but it wd "'^''.-'/^'^ V"' '"''"^''P''' ''"'^ .""1 the Canada to continue to heliJe in tChL^^l!, /"* '''*''""^ *'* "'''"'-•e tlie people of mterests of the empire if Ure i in , '' - ""'' *"''""?''' '^« " ■^••'^.^^"^'.cl t the under which the uLed Stat^t ^£'^ d ^i,;-; [^ ^ ■^"V""""" ^'^ ^-foundh;;;d The snb-connuittee are of oi.inion t h f \ ,'; ^''*'^' '^^"""''^ ^'^"'"I'l- the importance of pernntting n::^dS„dt^i^r';t';:"t T'"' ?"v-nment should press North Amei-ica, to be made in anv r •! 1 ' ''^ '''^""'•^* '"'>' P"-t of B.'iti.sh g-Id continue to «..ge the n"eS y TL t^l^ E iir^'' ^''^ y^^^' ^t'^tes.'S He. Majesty s proWnces in North An'.erica":i;:dt;art ;at'\Zllv '"^"^''"-"^ '^" llie sub-committee submit fhnf it ' equaiij,. to th» 5,h article „f .1,/S ' c et ™''' Jr.""? "'■"■" '? !'""» *" «««■"«»" 62 fixes as the maximum duties on United States goods of that description. If this is the construction intended, the convention is open to the further objection that it stipulates for a continued preference in the markets of Newfoundland for United States products over those of every other country, involving therefore not only discrimination by the United States in favour of Newfoundland, but by Newfoundland in favour of the United States, and such discrimination would be against Canada and the mother country as well. The committee concur in the said report of the sub-committee, and request that your excellency be pleased to transmit this minute, if approved, to the right honourable the principal secretary of state for the colonies. JOHN J. McGEE, Clerk, Privy Council. • No. 50. \Tele(jravi.^ Halifax, N.S., 20th March, 1891. Hon. C. H. TupPER, Marine Department, Ottawa, Are Newfoundland l)ait laws regarding Canadian \essels same as last season? What change, if any ? Fishermen enquiring. JOHN STAIRS. No. 51. , \jrelegrain.^^ Ottawa, 20th March, 1891. JoHV F. Stairs, M. P., Halifax. Think same bait laws in force, l)ut am sending cable for certainty. Our vessels •should pay fees demanded, under protest. CHARLES H. TUPPER. J'^ No. 52. [Telegram.^ St. Johns, Nfld., 23id March, 1891. Minister Marine and Fisheries, Ottawa. I am directed to inform you that the Bait Act prohilnting supplies of bait to Cana- dian vessels will be rigidly enforced this season. This notice is given so as to prevent iixvy misunderstanding as to the intention of the Newfoundland government. COLONIAL SECRETARY. No. 53. {Cable.] Ottawa, 26th March, 1891. Colonial Secretary, St. Johns, Newfoundland. Received following cable purporting come from you. Cable begins : I am directed to inform you that the Bait Act prohibiting supplies of bait to Canadian vessels will be rigidly enforced this season ; this notice is gi\en so as to prevent any misunderstanding as to the intention of the Newfoundland government. Signed, Colonial Secretary*! Cable ends. I ■ fi3 I ' eighteen hundred and eighty-seven and of^Vf^r ' ''^, ^^^^"""dland delegated government not withdrawn m^ex^^sV epudreT/T''''' •? '"'^"'* Newfoundland ^Vhiteway.inWon, last sunnn^^SjrJS^^^^^^ CHARLES H. TUPPER ^"""^ '^'^3' if «c iW»iz.v<«r o/Mariw. and Fisheries. so. (Telegram.) Hon. Chas. Tupper. Message genuine. No. 54. St. Johns, Newfoundlavd, 27th March, 1891. Colonial Seer 'etary. No. 55. Yabaiouth, N.S., 28th jWarch, l,s'Jl. Hon. C. H. Ti-PPEK, Minister of Marine and Fisheries. BB« .S,„,-I„ e„„..e..„ti„„ .,eh »„,e „, „„,. ,,„, „,,.„,^„ „„„ „,^ ^__^^^^^,^^^ and fcjr tlie department ™en, a l,a„lship to our Sslieni.en t., W oomll ' /!! , •."f'' '■" """ """' " »»"1'J NewfoundlamI when to the citi7eiis of t1^,f T n ?''l"" *° "^ e^^'s'" .n« thi. at the ™,,e.ti„„ ..f thrZl rf^rri^Ttir """""»" --..... .^..v, — ^J^'i wnversation with some of mil. K...,i a v. upon entering a port in Newfoundland to plv 'Uof^T ^f^'Tl ^'''" ""''^ •'""'Pe"- prmlege of buying bait a further tax of $ririon 1 "'' '"^* ''"*^^-"^^' f'''" *'>- was aware of the fact that every year krnr the "niinV'''^ ^'''''' '^ *'^^ department hundreds of the citizens of Newfoundknd uL . " ""^ ^^^ '^"^ J""^ ther there l'-ve,l nnrl «.!,..! *... *., . °"'""''"" ;''»" <^rossed over to the C;,nn,i;„., ..u,,. e a tax in I am writ- I am yours, J. R. KINNEY. (Teleijrai)i.) No. 56. St. Johns, Newfoundland, 28th Mrrch, 1891. Hon. C. H. TuppEii, Minister of Marine and Fisheries, Ottawa. ''con^iZi.S'Sn;:;^:! ^.^s^z^r^^ ^^ ^^'--^ ^^^y •^y wo.^s distinctly declined to giU any assu^,^e. "'"" ^'""^ ^''""""•^'■'" quotation Lds-I WILLIAM WHITEWAY. (Cable.) Sir William White way, St. Johns, Newfoundland. No. 57. Ottawa, 28th March, 1891. Aug^^r^.rWmi.::'VS::!;iS^ttd'^^^ Conmnssioner. Report. 0th ments made on this question by his pre eces ors ^In ^ '''-''f ^i ^'^''"^ *'''" ^^W^- soon as the rennrf of th- pommU --'i '•'^"^"'^"^d their for^n nnfWi.tt i '"'"""'""" •'^Pi^^''"*''''! t" '^"quu-e into the whole mi 64 received, he would do what he could to meet the difficulty, and that the season was nearly over for this yeai. He said we all recognized the importance of having the most cordial relations between Newfoundland and Canada." Quotation ends. This account corroborated by Sir John Thompson. CHARLES H. TUPPER. No. 58. (Cable.) Ottawa, 28th March, 1891. Sir William AVhiteway, St. Joiins, Newfoundland. My deak Sm William Whitewav,— I have duly received your cable message of this date, which reads as follows : — " Pray explain what you mean in your telegram to col- onial secretary by words ' considering assurance Mr. Whiteway in London last summer'. Quotation ends. I distinctly declined to give an assurance." On the 26th March, I had sent the following cable to the colonial secretary of your government : — "Received following cable purporting to come from you. Cable begins: 'lam directed to inform you that the Bait Act prohibiting supplies of bait to Cana- dian vessels will be rigidly enforced this season. This notice is given so as to prevent any misunderstanding as to the intention of Newfoundland government. Signed, Col- onial Secretary.' Cable ends. As minute of Canadian government, twenty-ninth May, eighteen hundred and ninety, forwarded your government is unanswered, guarantees of Newfoundland delegates, eighteen hundred and eiglity-seven, and of attorney-general on behalf Newfoundland government not withdrawing nor expressly repudiated, and con- sidering the assurance Mr. Whiteway in L/ a Report of a CoiuiniUee of the Honourable the Privy Council, approved by Hi» Excellency the Governor General in Council, on the ^Ist Ajiril, 1S91. The committee of the privy council have had under consideration the annexed report dated 17th April, 1891. of the minister of marine and fisheries with reference to the tishery interests of Canada. The committee, concurring in the said report and the recommendation therein con- tained, submit the same for your excellency's approval. JOHN J. McGEE, Clerk, Privy Council. 69 lEnclosiire 1 in No. 72.] To His Excellency The Governor General in Council. Department of Fisheries, Canada, 17th April, 1891. .he irSrilf'-SS'""™' '° '^'■•" «° cir„„,„*„oe. of g„.ve i.p„«.„ce to This legislation known as the " Bait Act of 1887 " was rpsprvprl fnr .«„oi He. l^r '" """'"' °' '~'°" '"™ ''- C-i^XmenrSli Zlf He. Jte^^trLt-J:-^^^^^^^^^^ -- »— V Ei^Ss^TLTT?'' "'i' xT^J'f y ^^'^^ ^^"^^^ *« ^«««»t to the bill. Ihis act .vas proclaimed on the 3rd dav of AnrJl ISQO Tf ; i j li "*'"®'^-. . of the act of 1887 ^ ^ ' ^^^^- ^^ ^eludes the provisions the P«.^e Sxl^'SrCt'erir,' """■« '" ^^^'^^^ »"^- '»" «'^- ^- Extraordinary penalties and imprisonment follow tho fi^hinrr f^.. ^ u • the govtror' in crndl"*"'^ *'' ^P^^^*'^-^ °' *^^ ^^* "^^^ •- -«P-^ded or limited by ^r., ^1 ^^^^' *^''. '^^t' *^<^«^i-ding to the understanding to which reference is madp w«, "ho, 5peaK„,g ,„,. J.-,wfo„„dk„d, Mid in a despatch to the "^lonkl oSce; 27arApril'; i 70 1887 : " Such an enttctinent was necessarily framed in general ternif to avoid the declaration of its speciflc bearing on foreigners, which on international grounds might have raised difficulties to its acceptance by Her Majesty's government. But I feel the Dominion government has no real ground for its opposition, from which it will at once recede when authorized assurances are given that in carrying out the law no mqrposed umbvjuity will be nflmced to operate to the /trejudwe of CnnatUi'H Jiti/ierme i imth whom we have common rights on the coatitx of tlm Dominion" (The italics are those of the undersigned.) And further on he says : — " It must, 1 submit, be manifest that the course taken by the Dominion government has arisen from a complete misapprehension of the views and purposes of the Newfoundland legislature, and while I should regret if they could be justified in their conclusion of such unfriendly legislation, I feel Her Majesty's Government will be satisfied that such impressions are unfounded, and moreover are fully explained away by our statement of the aims of the act and its (umured uniform applimtion to all JJritinh xnhjects." * * * * (The italics are those of the undersigned.) On the same day, 8ir Robert Thorburn, K.C.M.G., to whom the Canadian remon- strance was also referred, wrote as follows to the colonial office : — " I respectfully submit that the objections raised are entirely untenable and cannot be found on grounds other than entire misconception of the scope and intention of the measure, which so far from prejudicially affecting the interests of Canadian fishermen must materally assist the success of their operations in curtailing the competition of foreign fishermen, firstly in procuring the essential supply of bait." The attorney general of Newfoundland went on to say that no difficulty would arise in procuring the license required by the act, as it was unlikely that regulations would be imposed that would hamper the operations of Newfoundland fishermen to an equal, if not a greater degree than those of their neighbours, and he enclosed copies of cablegrams as follows ; — " To Attorney General : — Canadian government evidently misunderstood scope and intention of oui' Bait Act. Assure them promptly by telegraph that their fishermen will enjoy equal privileges with our own, and that practically there will be no restric- tions on bait supply of any British subject — Thorburn." " To 8ir Chas. Tupper, Ottawa : — Your fishei-men are on same footing as ours under Bait Bill, and no practical impediment in way of either. Our government will give any required guarantee that this is our reading of the act : Advise colonial office as soon as possible that this explanation is satisfactory. — Thorburn. Shea." The right honourable the secretary of state for the colonies, in his despatch of 20th May, 1887, after stating that he had caused the minute of Canadian privy council, dated 11th April, 1887, with its enclosures, to be referred to the Newfound- land delegates, said :— " The explanation given by Sir R. Thorburn as to the scope of the measure and his assurance as to the manner in which it will be worked appeared to Her Majesty's government to offer sufficient safeguards for Canadian interests, and they did not therefore hesitate to advise Her Majesty to as.sent to it." The undersignetl again submits that it was upon these assurances, and upon these alone, so unreservedly given by the Newfoundland government, that Her Majesty's government was inducef jn:.mot^ royal (ixKent. i •■ (The italics are those of the undersigned.) Against the conduct of the government of Newfoundland, your excellency's ministers tl?aT<^kir P'"*^'**^' ^'**'^'"* effect-without even a reply from the government of The facts set out in the above desp^vtches have been before the present adminis- tration of the government of Newfoundland for almost a year. The only apparent result of a reminder of the solemn pledges given by the New- foundland government to Canada, and to Her Majesty's government, tlmt the bait legislation would not affect Canacian fishermen to any greater extent then those Tn Newfoundland is the summary and sudden enforcement of this act against Canadian hshennen, and the exemption from its provisions of United States fishermen at the S'Sfh S;. This ..sail the more remarkable in the light of Lord Knutsford's despatch of 9th July 1890 to your excellency, covering an extract from a minute of council (Newfound and) o 20th June, 1890, communicated to him by SirTerrence O'Brien S extract reads as fol ows :-" On consideration of telegrams received fro„. .several custom' ofiicers relating to the supp y of caplin bait to foreign vessels, it was resolved that t le following instructions be telegraphed to all cu.stoms ofiicials :_From this date vessels requiring caphn or s(,uid may, instead of paying tonnage license, obtain a license to pur- the late of !gl per barrel, but no vessel to take more than 40 bairels. You will observe that by Che foregoing system vessels may enter as often as they require. Those vessels preferring to take bait under present system can do so." It is^ nec'es,sary to remark t passing that even the modification quoted in no way met the objections of your excel- lency's government previously urged. j •>> ui youi excel fn.P^''^""''^'1^T'i^''''^' *?,'•'**'■ to the interview between the high commissi.,ner forCanada, and theHonou.-able Sir John Thompson, and Sir Wm. White way, the Premier of Newfoundland and xAI.-. Emers<,n, Speaker of the House of Assembly of that colony, held m Won on the 5th August, 1890, detailed in the high commi.s- sioners de.spateh of 6th August, 1890, to the prime minister of Canada. The high commissioner reported :-"Sir Wm. Whiteway said he had only recently learned the engagements made on this ,,uestionby his p.-edecessors, and recognized their force, and that as soon as the report of the commission appointed to en.,uire irto tl e whole matter was received, he would do what he could to meet the dirtlculty, and that the season was now nearly over for this year. He said we all recognize the importance of having the most cordial relations between Newfoundland and Canada." ■lutho^Siri^fW^p'"^ r^^ reiterated assurances on the part of the Xev.foundland authoities that Canadian fishermen would not be affectetl by the ban Ingislation, and tlloo.rfir^^' '•'''*?""' "^Tf^ ^T^ privileges on the coasts of thafculony 'vAth the local fishermen as is accorded on the Canadian coasts, it is hardly necessary to say that they were, during hist season, notoriously hampered by officials under the Bait treatment'^ ''"'''' ' ' *""'' ^^'^ '''^^^"^ "^^ ''"''"'•' subjected to extraordinary hv iZf}^ *'''' ''^P^'^f !l*'^"«n« «{ thf Canadian government have not been acknowledged flm.r ,"""?* "^ Ne^^foundland, the undersigned has received an abrupt intimatfon from the colonial secreary of Newfoundland, by cable, to the effect that the Bait Act wi 1 be rigidly enforced against Canada during the coming season. He now learns the ScoZt whT '"^«T*r r'""^^ T '^' 'Wended nL.spnper extracts ,7.^ no be Xrdr^tr'' 'M' *" ^l^PP"^'' t« Canadian fisheru.en, ^Tiile every facility is to ^f^f^^ *^"'*^ ""^ *h" neighbouring republic to procure hnU ree of anv government. 72 annpn 1 a f ?" "^*' "' """^ " ^^'^^7 «^T *'^« K'"*^'*^ »' '^■" P'>«iti«". the undersigned appendH a telegram recemnl by hm. (n,m Messrs. Parker, EakmH .k Co., A. F. HUmLm « to., and H. A- N B. Lewis, leading Hsh ninrchants of Yarnioutli,, N.,va Hcotia reporting t .e refusal of bait to Canadian fislu .men, and that their ve«Hei« are return g I^hrfhf cZ^ Ji;r nriS^J^ ^'' '^ ""'-''' ''-' ^p^-'-^^ "-^^"« -^ ^'- The newspaper extracts appei.deif«-..tion to the utterances of the recognized organ of the present administration at Washl-igton, the New York Tribune In Its issue of 26tli November, 1890, when treating upon the negotiations then going on bet^^en Newfoundland and the United States, whLby it waf proposed that I^e^foundland should discriminate in favour of the United States, and against Canada, the tollowing suggestions were made regarding the Bait Act. ♦ * # * The enforcement of that act is left with the colonial government. It can modify it or suspend It or apply It to the vessels of one country, and not to those of another, as it pleases. At least, the government has assumed that it possessed this authority, and we ^ion'nf tl 7 , '*' '''"'^ ^"^^ ^''? ^" ^"y ^^y challenged, unless by a recent deci- sion ot the colonial courts setting aside certain verdicts obtained against American vessels for violations of the act. The significance of this decision has not been reveS in tiie despatches recoming it, but of course Mr. Bond will be able to explain just what It means^ It it leaves the government in possession of the authority it has been exer- esSshmenr '*"" '" ^"""^ '' '""* "^ ^'^ ''""^ ''''""' T"'^ '"""' *" *^""* °* ^'^ «^y fl„i I . . ., * '^ Newfoundland is prepared to give our fishermen exclusive privileges under the existing Bait Act, it seems to us that reciprocity can be easily and quickly eiiected without any formal proceeding " * * i nf ^iVr"^"^ *T *!,"! ^PP^^'-.that Her Majesty's government, having, in the interests n l! .TT'-r?Q. ^ ^^^^^txon a treaty which proposed . place United States fisher- men and United States on a favourable footing in Newfoundland markets and in Butish waters surrounding that island, to the detriment and exclusion of British sul^ects, and contrary to terms of the treaty of 1818, the government of that colony now 73 ! now n the Respectfully submitteJ, CHARLES H. TUPPER, Minister of Marine ami Fitilwnes, fEnclcwure 2, in No. ','2.] APPENDIX " A." {Tlip Morniny Hernhi, Saturday, 4 Ajrri/, IdOI.) IS IT RETALIATION ? OUTUACiEOUS TREATMKNT OF A HALIFAX CAPTAIN, BV NKWFOUNDLANO CUSTOMS OFFICIALS TUEV HKFUHK TO ALLOW HIM TO OBTAIX A CARC.O OF HKHHINO -XoL't IN NEWFOUNDLAND WATERS FOR CANADIAN VESSELS. '£yTfld^rfte..^rn«' ^'^P*7V?Y'-^yt«". --rived yesteixlay from St. Jacques, ic7' H„ ;:i!! '.'/..Pf 'Tu^* ^" •^«"'"^' « «/ ^'"''h were consumed in passins^ The schoone Fortune throutfh iop" H« raiof^ ' '' rC," "" """.'•■'. " "1 vviiiun were consumed in passing On the 05th Z h .d '' V',"*, *T' '^"^ *'^^ ^^*^' '^^^^^ ^-^''^^^ -^OO barrels ofherring nf ^Vn V i ^ concluded a bargain with Captain Patrick Fan-ell for the nurchase OreXititr^^Wl" 'r rP'«^«^'- -••»-. -hen thl .olZ^TlZ w^ sent for and fnf!. l ?,? rv.*'" ^",^1'*^ ^PP"*""^^ "" *he scene. Captai.i Wrayton was .sent tor and informed that he would be allowed to take no more fish This wn\. Tn consequence, the officers said, of instructions from St. Johns. ErrbodTwasnrolTibteS fom selling herring. Policemen were put on board Farrell's vessef which kv^lS Si be'^rSeL'-FreH's'th^'r^H Ti'^" "^''^ ^"^^ «"*• ^'^ '-^^'y ^2 o £ sold to Wr«vtnn ! I? H •■ " ^^ ^^''^"^'^ Overboard, to make sure that it should not De sold to Wrayton, and alleging that it was illegal to have it in his possession The ?omSd "'"?'■'' ,rre enforced, the officials s^aid, in accordance w^S action. f.om headquarters, .nougu they did not furnish any documents. Captain W.'yZ ,^5- ^ ^a5» ^^a!}-- -y:, ^< ^t:^ IMAGE EVALUATION TEST TARGET (MT-3) »V- 1.0 1.1 no us u 1^ 1^ 2.2 I3j2 13.6 ^ 1^ IL25 iu 1.8 1.6 — 150mm

.•V >> uym A >4PPLIED_^ IIVUGE . (nc .= 1653 East Main Street .=S=-^ Rochester, NY 14609 USA ^^rg*^ Phone: 716/482-0300 ^^—— Fax: 716/288-5989 © 1993, Applied Image. Inc., All Rights Reserved <^ # 1\^ >^ ^ <\\ ^\ %^ .^ ^^"^ '^Q '^ p$t^ r O 74 rJi, 7 ^ K ^" «t*t«'"«nt from the officials that they had refused to allow him to prosecute his huamess, but they were careful not to give anything of *he kind. They would Assign no reason for their action, but merely reiteraty secured. Sullivan put a force of police on the Ocean Belle to guard JJllir^rrii^'w' »>« "«f *« B«y L^'-r"^ to communicate with the government telling Captain Wrayton that he would inform him of the decision. He was kept waiting for three days and then could get no satisfaction. Nothing was said, however <.f conhscatmg the 300 barrels he had in the hold. Farrell feels as deeply aggrieved a^ does Captain Wrayton It was a clear loss to him of 250 barrels for'^JhicKe had a willing purehaser It looks a little as if Sullivan had found that he was going too fa^t Thi NTf i. '' "''•t"*'^ "l"?P'y '^ "^^ "^ retaliation against Can^iaf vessels. The Newfoundlanders profess to think that Canadian influence destroyed Bond's alleged chances for negotiating his reciprocity treaty with the United States; Canadians are Zi'l^f. ^ P".' T f^"^""' '■•'"■'^ "'^^ '^" ^^''^'^ '■ 'hey are to be equally Massed and closely watchejl. Commissioner Sullivan said that bait wa.s to be givei to Cana- 't^XrXrf '^:• i"." *""'' K^^^'^ ^'^P*^'" ^^^'••^y'-"- ^^^^-^^^ telegraphic ord3rs f S- ^^l """. ^'- ^"^'''' ""*' ^^^y ^"'"''^ certainly be carried out. The injustice A.iir T^^^' ^^V" Americans are freely allowed to take all the bait they desire. An instance cf this is the case of Parker, Eakins A Co's. Yarmouth schooneJ. Her captain wa^ informed by the officials that no vessels belonging to the dominion could they desired "to do T^ ^"'^"'"«*^"«=e«. though the Yankees were given all the facilities Captain Wrayton intends this morning presenting his case to T. E. Kenny M P "i1: pLMii: fin!"^'" '^'""■^^ *'^ Newfoundland government for dama/es, and (The Empire, I'oronto, Monday, 6th AjyrU, 1891.) NEWFOUNDLAND'S ACTION CAUSES MUCH IRRITATION AMOX(J NOVA SCOTIA FISHERMEN. Halifax, .5th April.-The action of the Newfoundland government in refusing to permit Canadian vessels to obtain bait in the waters of that colony is causing much irritation among Nova Scotia fishermen and vessel owners. Besides being a piece of sp.teful retaliation because <.f Canada's successful protest against the imperial assent being given to the Boiul-Blaine reciprocity treaty, it is a gross breach of faith on the P!V.t"* the Newfoundland administration with both Canada and England. When Sir William \\hiteway, premier of the colony, was in England last year he held a confer- ence m the colomal office with Sir Charles Tupper and Sir John Thompson, representing the dominion government, and in the presence of Lord Knutsford pledged his Govern- ment not to enforee the provisions of the bait law against Canada. But Sir William Wh.t«way IS a weak man, and though nominally premier, Mr. Bond appears to be the governing power in Newfoundland. Mr. Bond is naturally very ^ch chagrined Wausehistreaty with Mr. Blaine w.is blocked by Canada's intervention, and now seeks retaliation by placing Canadian fishermen and vessels at the same disadvantage ■ : 76 * I* that the French ttshennen suffer in regard t«) the purchase of \mt ; but Newfoundland's treatment of Canada 18 far worse than its treatment of France. Its only exous^ fir refusing to permit the French to obtain bait is that the enormous b^unt ^ Vy"^" the .^Ttj7^"''"'Tv"^ ^uVI^ Newfoundland fish out of the Mer^'}' ^'""'^''' ^^^^^'^ P*y'"« * -"•^" ^X'"nty ",. ■ o sense a rival of Newfoundland in Mediterranean markets. The most striking featu.-e of New foundland's conduct, howeve.-, is the fact that, while she refuses bait t.. her S w HHtl^i subjects under any circumstances, she furnishes ample supplies free of ..S ^ .tLnl license fees to alien Amencans. While Newfoundland hai a perfect right t^ Tnn X ^7?ur "''\^'"' '^' "'"'^' t ^'^^ ^""« "*'»' C«na^»«- It isSatecl oi^Tuth rity le™ ub ects Shelfnii^'T' 7"' T ^T- '' ""'"^"^ P*™'^ ^^"^^^ '^ discrimination a^aS subjects of the enimre a« Newfoundland is now attempting. (Jreat surprise is expressed tha Governor O'Brien should permit himself to become sSch a t^an3'toT,.l;ain T. '''^T'^ '^^ *'" "*"^'*'« '^''' ^'"^^ "« Canadian vessel would l^ifKr^'XireroIr;! ~^--.-'"'e A.„encau ve..eU would get (Tefpf/ram.) [Enclosure 3 in No. 72. ] APPENDIX B. Yarmouth, N.S., 7th April, 1891. Hon. C. H. TuppKR, Minister of Marine and Fisiieries, Ottawa. Cana5SrseJrtirLk''''\^ captains say Newfoundland government prohibit, our Sre now ThU nl .ThV '•"•""» ^'"'^ ^•*''""t ""^ «« there is no bait on our government .nduee Newfoundland to revoQ this outrageo-rpmhibftTonT ' PARKER, EAKJNS A- CO., STONEMAN & CO., H. A- N. B. LEWIS. [EncIoHiire 4 in No. 72.] APPENDIX C. Cajje Aim Advertuier. Friday, 10th April, 1891. IN RKLATION TO ENFORCEMEN' Instructions for Magistrates, Customs O ficers, Ac. OF "Bait Arr, 1889." officer t»'n'«hed. The affidavits may be made before a magistrate or a customs theySst1;^'a^so'lne;^''''rh'''"'''''*"'J^^^«•»"^ ^^ '^^ ^^^^^-^ «««>^t-y, and nmgisTrate *^ ^ ^' ''"'''°" "''"'"^ *''« '•^«"«««' ''•'her » customs officer or No license shall be granted except to Newfoundland and United States fi^hina ve^els, and before granting such license the customs officer or magist ute shlll .tub? tt cre^.ytS'ed'^St'i '"' «'f ; -f *- - the c..e of Newfr.S.rd vessl.^d n All vessI^aX T .' ^.^'l' ''"^ ^ P 'P^'"^ ^-^^ *»•« American customs. A I vessels shall be restricted to eight barrels of herring per dory • to ten ha.-.-«l« of caplin per dory, and to four barrels of squid per dory, LrsLll^'.'irpeSS to 77 elate of the preSs iLeTJ Zl a i ^"'T'^ ^i""" *''^''^^" ''"^^^ ^'^"" »•'« atallthrutC Sof'^v b^t f'"«"-"r-'. y- «hall n..tif/the eustor Lors date of isst L'i r^r/rft ,''chts"fif otuf;:- ,r?""^'/ ^"^'' ''^"^^1 ^^-^^'"^ periml Htatecl a»>ove. obtaining a Hecfuid hcensw witliii, the S«c.«..,»,.. Orp,c«, 2C.h March, I»9,. "■ "O^.t.,-,,, ,,,,„„„, [KncIoHurt? 6 in Xo. 72.] APPENDIX D. 77te .V«w York Times. ■ ■ New York, Tiiuhhday, Uth ApriJ, 1891. ground that N^wfoundlanrl fZ .^ pa ticularly neighbourly, could be defend^l on the which NewfoumlUnThoSl to S,wpH fltT"*^ convention with th. U„ief the British schooner ' Ocean Belle," do solemnly declare as follows : That the foregoing statement doth contain a true and correct account ot my loss by reason af the schooner "Ocean Belle," through her not being allowed to 19 of the act mspecting volunUry »nd extra ju^dSS " '"'**' '""' ''^ ^''^"^ Solemnly declared More me at Halifax, ] ■ ''^^^^^ '^^^*^^- in the county of Halifax, this 27th' day of April, A.D. 1891. ) J- L. Barnhili,, A Commissioner of the Supreme and County Courts for the County of Halifax. [Kncl(>«up«2in No. 75.] NEWFOUNDLAND BAIT ACT. In rf " Ormn Mhr proom- herring. He a^weSme "tI,! ?. L h" l^ '"'""' """ "«""»*'■>■ '" "» "• on herd th/'H),^yho«nd » wh,n C^iSITh i . '• ?*""",''■ ' ""» ^^ "'ke.! togo herring, .t the samrS forWddin^P^n rf i^"- '"'"""'^ "", ' """W '«'" "" '•"'™ *r„,„ hin, and ph^ . ^^^ S'.f =f hrdSgl"" '" ' '-' ^-^ time stating their instructions were to alnwn^P ? "''• ^I"^* '^•^''*'*' ** ^^"^ ««'»« intenseri tS ^ "" ^ -^ '° "'''''^ '^orth-east and the weather turned him hamlUng them ''""^ '^""""^ ''^"'" ^'•'''" ^'"•'•«". but policeman prevented land go^er:mTnTse?vt'!;:dLt£Vnt":[;'^'""^ ^'"P'"^^^ - ^»>« ^-'^ound- as expected) I sailed™ the BartheE^tOnTr'^'T^""'''^"' r'--« arrived «ve (25) barrels of herrinrsoSl thin ■ * 1: ^'"^ "^"^^ "^•'"'"^'^ « >«* o^ t^enty- andkfty(250)barrerZ;ePf^ otr '"^'^^"^ *^^^^ ^""^--^l Sullivan boarded mv vessel askin./ ,„« «,»,..f t j • , a'"^®" »"" Comnnssioner 80 hfttl not forbidden me taking herring. I repliwl he had, hut that he had refunefJ to put his order in writing or give or show his aiJthority for the course he was takiiig. Corii' niiHsioner HuUivan then demanded the hatches removed, looked at the fish and ordereil the hatches rephiced : at the same time forbidding me Uking another tish. I then demande , ,t. ■ County of Halifax. j I, Michael B. Wrayton, of Halifax, in the county of Halifax, and province i)f Nova Scotia, master mariner, do hereby solemnly declare as follows :— 1. That I am the Michael B. Wrayton referred to in the statements hereto annexed. ■2. That the foregoing statements are just and true and contain in a, condensed form the facts in connection with my voyage to Newfoundland in the schooner " Ocean Belle," and the transactions in connection therewith. 3. That I have not in any way whatever endeavoured to overdraw the same, but have related them as they actually took place, and I make thia«)lemn declara- tion conscientiously believing the same to be true and by virtue of an act passed for the suppression of vbluntary and extra judicial oaths. ^ *^ M. B. WRAYTON. Solemnly declared at Halifax, in the county I of Halifax, this 20th day of April, A.D. V 1891, before me. I J. L. Barnhill, A Commissioner of the Supreme and County Courts < ' for the county of Halifax. ' No. 76. Secretary oj State for the Colonies to the (Jovenwr (ieneral. 4th May, IS'Jl; To the Governor General. Referring to your telegram of the 23rd April, have pressed Newfoundland delegates KNUTSFORD. to withdraw and am still in communication with them, llfHHl til put iiig. Corii' nd cirdereil h. T then » prtKitively take what St. JocqueH n in charge 1 was done Id. r then nding oath 6 thi'-d day t, who took ere secured and I couUl » three hun- lely by the it nie should iTTON. nee of Nova jto annexed, densed form he schooner le same, but ivnn declara- ue of an act YTQN. Y, 18'Jl; nd delegates ;ford. 81 No. 77. OnAWA, (lih May, 1^9 1. T. K. Kknnv, Es.|., M.P., Hciiisc of CoiMinons, < )ttH\Vll. .«J,l,"n.\,?'"i,.'^,';,rr:vli,.',r:r, ■"""■ tt ■•< - - ■ «- i..>. 'I'l. 1 :. . .. ; . . of th procure a full tar);«. of iMiit. Th. sul.j....tof ,.nKuri..K huithy C'anMdiun fishonn,.,. in N.-wfoundlan,! ... •••■■■'fOM, and .Mr. Alln.s statn..,.,,! will I.., v i ' . of the ri'fusal I*'," to already recpivcd toMsidcr.itioi dealing with th»< case ...... .,, v.iimmim nsiu'rnicii m .Nrwfi >, and .Mr. Allfiis statniH-nl will 1h, v alualih in •rts has further Yours faithfully, CII.VHLKS H. nppK H. Deputy Minister of Fisheries, < )ttawa. No. 78. MKTKoHoLOfucAL Offkk, Tohonto, 7th May, mi. the Newfoundlan,! Kovernn.en . S I LS^^^^^^^^ Mward rslan.l. against fully sUKlie,! the facts of the case as seVfo ah 1^- i . an it v '• '"'''''r; ' '""' ""'«- any other conclusion than that Mr Oicks I, ul e , -nv i ""l""^^'''''' to con.e to with the regulations of the Xewfl^ndllnd ;;I.:.:;;|;;:;;;"'"'' '" *'"• '^'^ '"••^^"•'•'- '•• -"Ply petit;.r^::^.;dr;si*^.xr:i:t:t^^.;s MV-^-f « ^^••- ''^^^ fished witl, him, and the re,,ly of the \ewft „nr o ^ f<"-wardei.:- .: '" -"^^^ Your obedie.it servant, AXDHKW K. GOIIDON. No. 79. Offhk of thk High Co.mmish.oner for Ca.vada Victoria CnAMBER.s, 17 Victoria Street, Tho r; 1 . u c T Lo.vuoN, 8.W., 8tli May, 1,S91 The Right Hon. Sir John A. Macdonald, Ottawa, Ca.iada. 29th tdiiiisi "^inj^^ ^i::::::;^^^'iztr'r' '"^ ^'^^p-^^^^^ ^- ^^^ «^ ^he received from the coloniU offl " tl e leUer T ^?r ."'. '' 'l'^^ 1 ^'"^ ''i>^y ^ '"^^e l>8tl. April, 1891, witl. refe.-e^ice u the tl't- Tn *"■""'' .) CoM»NiAL Okkick, Dohmno Hthkkt, .'lOth Api-il, IXDI. Tli«' Hi>{l> ('omiiiisHidiHT t'nr til*; DniiiinioM of Ciinmlii. Sir, —I am (Urectwl by Lonl Knutsfoid tii (ickiiowlcdK*' tin* receipt of your It-tttT of tlio '2X\h iiiHtiiiit lis to tin- tieatiiH'iit of Ciinadiiiii Hsiieniien uiuItT tlie Newfoundland Hait Act, and to ac(|uaint you in n-ply tliat it lias hi-en lonnnuniiated to the fort'iKn «>tticf and referred to Sir W. V. Wliiteway. I am, sir, your oU-dient servant, HohKUT (}. W. IlKUnKHT. 1 No. 80. Office or tiik Hmii Commishionkr for Canada, ViCTOKIA CllAMIIKHS, 17 ViCTOIMA StHKKT, London, S.W., Mtli May, lt<91. The ]li«lit Honourable «ir John A. Macdonald, (l.C.R, Arc, iVc, itc, Ottawa, Canada. My l>KAii Hill John Macdoxald,— T \>eg to confirm tlie following telegram whici. 1 sent v<)U to-day, in cipher : — " Have addressed letter coltmial ortice jirot^'sting af^ainst bill recently passed Newfoundland legislature repealing old tariff and enacting new one, effect of which would l)e to enable colony discriminate against Canada without further legislation, and pressing Lord Knutsford'telegraph governor ' withhold assent.' " I now enclose for your information a copy of my letter to the colonial office upon the subject. This I took over to the colonial office pei-sonally and handed to Sir Robert Herl)ert, from whom 1 understood that instructions of the nature .suggesteil in my communication would l)e sent to the governor. I remain yours faithfullv, CHARLES TUPPEH. [KiicU)siii"H 1 ill No. 80.] Office of the Hir.n Commissioner for Canada, 17 Victoria Street, London, S.W., 7th May, 189L The Under Secretary of State, Colonial Office, S.W. Sir,— My attention has been directed to a bill which has Ijeen introduced into, and, I Iwlieve, passed by, the Newfoundland legislature, to contii-m certain resolutions submitted by the honourable the receiver general to a committee of the whole house on ways and means. The effect of this bill would be to repeal the existing tariff" of Newfoundland, to create a new table of duties, and to legalize resolutions of an important character, to which I feel it my duty to direct the attention of Her Majesty's government. 1. The duty to be levied in the general tariff" on fish is subject to the following condition, namely : " Provided that the governor may, by proclamation, published in the Ei»/(i/ Gnzette remit, as he may deem equitable, the whole t)r any part of the duty imposed on fish imported into this colony or its dependencies, from countries making such changes or reductions in their tariff with respect to fish or other articles exported from this colony m- its dependencies to such countries. " whici. 88 Polk, per iMirrel i,{ 200 Ihs <• " l.'"» c,,,JI,:ll^:;:^l;:'U:;;;,l;:-,^--;- -'"M '7' .-.-i '.i^.; IZ. ,., Klii *. *'* ^^9 Cirn inenl, the Imirel .....] *^ *^'' Hiiy, tlie ton ^ -'- Oiits, the bushel ........'..', '' ^^ Potatoe.s, the bushel . . . . ' • ^ ^^ Turnips the hushel.. ^ -^! Cabbages, the d,)zeii liead.s ? " '' ,T , 0 40 L nenumerated vegetables, thirty per cent th« r..i»,ot ei„„, .,„,. "thipu'trt t e" „ „o « z:,";; ''■ ""■■"■■■'I'l- >"■"■» ". winch I have ivfi.iTe I .,li„ul(l (■,.„.ul, ,1 ' ■.' "" ?'■">■"""'» "f tlii- l.ill t,. (au,„ll,.n,l g„ve,„„„nt w„ul,l l^Zt^l Z.Zl !! "'"I' i'? ■"■■ T'""'' 'I"- -^■"■- t.. be ,,,mfc„la,l,. U„h m view „rtl» i^SI » rf 'i ".'l""' "" I'"»W»'W .eHii the 1st October, 1884, that in the eJent of f ll T- '''' *? ^.""'' t'«P«'-t>''ent dated question, the Do.ninion ^ve m ent w^ul be nT./ Tl^ 'T^^'f'^ ^''' '^' P"''!^-^ "» might be granted to the V" 1 ^ntTir o theX hI V/?' ""^ conce.ssiolTs that ^^ I think Canada n.ay at lea t fcdrl ask to be n 1 ''' ^'"''r "" ^"'"''^•- t^''"'"^- Newfoundland is concerned, ami T ve-'^-.t . .--! P'l^«' .'» tJ''»}\^' Po^iti"" so far as will the fav( 23c to 23A— ti* I tlu- Dmiiiiiion. I htive, itc, CHAUI.KS TrFl'Kll, ///;//( L'limmiMioini-j'iii- i'lnidth. No. 81. OmCK OP rilK Ul'ill ('UMMIHHI.)NKII KOK CaNADX, VUTOKIA ClIAMltKHH, 17 Viitorm St., London, H.W., Uitli May, ISOl. Tlic Hin'it Iloiiouialilo, Sir .loliii A. Maciionalk, (i.C.I'.., *i'., iVi-„ .Vf.. ( )ttllWll. Mv Dear Sir .loiix M acim.nai.i.. F..ll<.wi..K ny my .lispiitc-h No. -JT.-i ..f tW Htl. [Knc'lomire 1 in N". •*!]• Colonial Office, S.AV., 12th May, 1H91. The High Coniinissioner f<»r Canada. S.K -With reference to your letter ..f the 28th ultimo, T am directed l,y Lord KnutsLl to trauHunt to y..u copies of c..rrespo.ulen..v respecting the entorcen.ent of the Newfoundhuid Bait Act against Canadian vessels I am, ivc, . ROIJEllTG. W. HEUBKRT. I [Kncloiure 2 in No. 81.] Cofoniitl Offic. to Sir W. Whitmrmj. DowMNc; Stkket, S. W., 2r)th April, 1891. Sir W. WiiiTEWAY, K.C.M.G. S,n I am directed by Lord Knutsford to acquaint you that he has received a fele.mml^..mthegove,,,of^ stating that the Donnmon government ?arS;p;:;eS against the^.nfavouraUe treatment of Canadian vessels by thegovern- '-''^l^^^S:^^'^::^ that of 1889 is a eonsolulation ^7^^ ,°w,,\" Her AIaiestvaf.3r an assurance had been given by the then fwr ','™ use suol, ,« they h.»l previously ...joyed, »c,uM te extwided to «11 B.itwh tishennen. 8» this uNNurnriw, th»' Halt Art uf \hh'\ ■ „ . i • l«r«.. fleet of tUhinu v.vhm..|„ fr„„ \ /^s , . ' """'' •^V-"" "'" "^"'"l"' '""' •' H...I in the teh-uraphie eorr es 1 , .. . , , '"' •'"I"''""';"' "'<'"• -'Tth of A,.ril. |MH7. m..lle.aiontlmH, thedis. si^ li^ '] "'"'T; ' ''•"' it will I... withi,, you • thi. ot«ee with Si.. C. Tu ,ra I S V| , '"'"' *"";'^' ''••'''*"'"'"^ '""' '"''« veaV in Hhould Im. i.su,.| „. Ca. , i , iln ,.; v .'u •'"'' '7 '"^''V'"'-'" -''i''!' Lait li....n.es ""•"ts conniMent with tharrs'n ;,!... '' ' ""•'•"•^^"-' " "'"•"i- t- niakea.n.nKe- to oiw::i.'^;r:!;:;:l.:"' '"• «'"•' "• •"• ^— • -''• -^ ••.. k. whid. you .nay wi.,. I am, .It., El) WAIN) \ViX(;FIKM). [KiK'l.Hur.-3iii Xc. Hl.| Th" Co/oul,,/ OJ,W to Sir ir. ]VI,;i..„'„,f, Hir Wm. W,„tkwav, K.C.M.(;. • """"'" "^''"""■' ■*''"' •^'""' l'^''"' direeu:d',;;;::v;;^;u;rd;:i;;:;:^^ the hi«h c.o.n..,is.sione.. for ilLX^XjZt^TI^T " '"'^'^' "^ " '"^"■' ^'•••"' a;^ai.,st Canadian Hshennen ' ^ ^''" •'"»"''-"'^>'t of th.. Hait Act ia.f^Zi"S.s:^'?;;x!:;i::s:;:;;H oi>en to other British suljec'trHe Males '• , ' "■'"" *^''""*^ '" "'•'^'^'' ""^'-"^ on an ,.unds of at onee^en.;^;; fcii^ -;• r:;:.'.::;;!;:; Eh.:';;;;::-''"'"^^ I am, ifcc., HOIJHHT U. W. HKlJDIirr. No. 82. f )FKICE OF TFfK H.OH CoMMI.ssiONKH FOt< CaNADA, VlCTOItlA ClIAMHKIW, 17 VirTOHIA .StHEKT rnu ,>. , „ Losuoy, S,\V., IGth May, 1.S91. The Kight Honourable ^ .Sr John A. Macooxali). G.C.B., Ottawa. insta^:n::^to'ui:.:it'!::;S:''^7^' continuation of n.y letter No. 274, of the 8th received f..o,,t the coSlrout-C "''""^ "^ ''"' '^"^-"^ ' '-« foundland tariff, together wS a fur hpr.^ "f .n>y represe.Uaf.... respecthig the New- department in ,eply ""*'^' co.n.nunication which I have addressed to that I remain yours faithfully, CHARLES TUPPER. 86 [Enclosure 1 in No. «2.] Colonial Office, DowxiN(; Street, S.W., 9th May, 1891. The High Commissioner for Cana(hi. Sir, — I am directed by Lord Knutst'ord to acknowledge the receipt of your letter of the 7th instjint, respecting the budget resolutions proposed by the receiver general of Newfoundland. I am to ac(juaint you that Lord Knutsford is in communication with the governor on the subject. T am, &c., EDWARD WINGFIELD. [Knclosure 2 in No. 82.] Colonial Office, S.W., 1.3th May, 1891. The High Commissioner for Canada. Sir, — With reference to the letter from this department of the 9th instant, T am directed Ijy Lord Knutsford to acquaint you that the governor of Newfoundland has pointed out that the resolutions proposed by the receiver general of the colony, to which you called attention in your letter of the 7th instant, are identical with sections 10 and 12 of the tariff act, 50 Vic, cap. 2, at present in force, of which a copy is enclosed. I am to add that these sections do not appear to confer on the government of Newfoundland any greater power of discriminating, against Canada than is conferred by section 3 of cap. 33 of the Revised Statutes of Canada on the government of the Dominion of discriminating against Newfoundland. In these circumstances. Lord Knutsford does not feel justified in directing the gov- ernor to reserve the bill embodying the resolutions in question. I am, tie, JOHN BRAMSTON. [Enclosure 3 in No. 82.] , Office of the Hkjii Commissioner for C.\nada, 17 Victoria Street, S. W., l.'jth May, 1891. The Under Secretary of State, Colonial Office, S.W. ^ Sir, — T beg to acknowledge the receipt of ^Ir. Bramston's letter of the 13th inst., with reference to the resolutions proposed by the receiver general of Newfoundland, to which I called attention in my letter of the 7th instant. In the second paragraph of Mr. Bramston's letter it is stated : "I nm to add that these sections do not appear to confer on the government of Newfoundland any greater power of discriminating against Canada than is conferred by section 3 of cap. 33 f)f the Revised Statutes of Canada on the government of the Dominion of discriminating against Newfoundland." I should like to say upon that point that the section of cap. 33 of the Revised Statutes of Canada provides, not for an increase of duty in certain contingencies, but for a reduction, and that it does not apply to the United States alone but to Newfoundland also. I may add that the government have used the power conferred upon them to make tish and fish products from Newfoundland practically free of duty. On the other hand, the proposed Newfoundland legislation, although certain portions of it may be a re-enactment, provides for increased duties which may be used as against Canada and other parts of the empire, and in favour of other countries ; and the last resolution, which is entirely new, provides for direct discrimination in certain circum- ^1 stances in favour of the United States against every other ,.„i,nt ... toyrant similar reductions to British suJeVts^TS . • ^' ' ^'"'''"" '^^'''^f ^'^^en tice which has hitherto j.revailed am .,?,S«. i • .. '^^'•^'"I'ly «'ntrary to the prac- I'Hth March, 1876, to hr^overa'or n^T ! ?^ "f '•' 'T'''""''""^ issued under date of dependencies, in widch it ffp o "ideT h IV"'" '"'^ "^ Newfoundland a«,l its imposing diff;rentiacLie '' Ttf' ^'"'T'"' /-^ "^'^ *" '^"■^'^"^ *« "^^"J I'iH where!.; the prerogative o.^ t e iUis and , "" extraordn-.ary nature and iniportance, r am, sn-, your most obedient servant, CHARLES TUPPER, Jlij/k CoiaiainHioner. [Enclosure 4 lu ,>o. 82.] (-.SV .v-.». |-.„* //„,„w, /„,,,_ „„,, /^,„,„„ „,_.,^„_ ^^^,,^^ p^ ^^^,_^^^ ^ ■end yo,, „ cop,, .„,,'? ,t*;;:,i:«:.'w vrr^nr .- - *-'-'* -^ ""'* ' ■'?» I have, itc. CHARLES TUPPER, Hifih C<»iiiin,fo Street, S. W., L'.3rd October, 1.S90. The High Coiinuissioner for Canada. Sib,— I • m directed by Lord Knutaford to acquaint you that a telegram dated 6th instant lias been received from Her Majesty's minister at Washington by the secretary of state for foreign affairs, of which the following is the pu!'p<>rt :— "With reference to your despatch of the 10th ultimo, introducing Mr. Bond, I have presented that gentleman to Mr. Secretary Blaine, and negotiations are now going on with a view to an independent arrangement between the United States and Newfoundland, relating to the fisheries. Before negotiations go further, I would suggest that the government of Canada might he informed of them as they might wish to negotiate in the same lines as regards New Brunswick and Nova Scotia." the substance of Sir J. Pauncefote's telegram has been communicated by telegraph to the Governor General of Caniula. I am, ifec, JOHN BRAMSTON. No 83. Certified Copy of a Report nfn Committee of the Honourable the I'rivy Council, approved by His Excellency the Gove.nor General in Council, on the '22nd May, 1891. On a report dated 12th May, 1891, from the minister of marine and fisheries, calling attention to the minute of council of the -'1st of April, ultimo, with appended newspaper extracts, announcing the interference with the operations of the Canadian schooner " Ocean Belle," of Halifax, Nova Scotia, Captain Wrayton, master, by the Newfoundland authorities, and intimating that a detailed statement of the facts was in course of pieparation. The ministei- now submits a formal declaration of ^liclmel B. Wrayton, master, detailing the circumstances attending the treatment complained of, t gether with a declaration of Mr. James Allen, the owner of the schooner " Ocean Belle," of claim to compensation for loss sustaiiied by him by reason of his vessel being prevented under threat of forcible interference (as set forth in the statements) from securing a full load of frozen herring at Fortune Bay, whither she had sailed from Halifax for that purpose. The committee, on the recommendation of the minister of marine and fisheries, advise that your excellency be moved to forward copies hereof together with the appended statements to the right honourable the secretary of state for the colonies with a request that the claim may be brought to the attention of the government of Newfoundland, with a view to obtaining relief for loss sustained by the owners of the vessel. All which is respectfully submit led for your excellency's approval. JOHN J. McGEE, Clerk of the Privy Council. [Enclosure 1 in No. 83] NEWFOUNDLAND BAIT ACT. In re Britixh Schdoner '■'■Ocean Belle," of Halifax, X.S. Statement of loss to James Allen, sole member of the firm of John Allen k. Sons, of Halifax, N.S., owners of the British schooner "Ocean Belle," Wrayton, master, on her voyage from Halifax, N.S., to Fortune Bay, Newfoundland, showing the loss sustained 89 thl^' tr;:;;u;""f ' :lr !:f ^of 1 *'" 'T'- •' ^'•'1^-^'-""'-^ ^ove..nn,ent to allow n.onth of March! LdUT "'" "'""'"' ^"'''""' ^'^>'' ^^'''-^■'>""'"-»l. i" the Capacity of vessel in count ,,^,300 lt)7,0()0 8h(irt of load ~isT7~T Value 183,000 herring at Ij cents, 82,287.00. ' ' ^ Canada, Province of Nova Scotia, County of Halifax, Jn:;n^v^:io,^;,:^:^:r^»sr g^ he,.ing at Newfoundland as therei-^l^ecf aJld n^ ^ h^i; i ^^^ritu Aprif iT'^stl!'""^ '''"" "" "' "■^^^'^^' '" *^^ ''"""^^^ °* H^vUfex^'t Ids^^^X of , ^ J- L. BARNHILL, ^1 C«m/;a.wiou.',- off/,,- Supreme awl Connty Courts Jor tliP Cduvty 0/ llalijh.v. of [Enclosure 2 in Xo. 83.] NEWFOUNDLAND BAIT ACT in re "OCEAN BELLE " (teleira Ji stll'^nV'^^'f'':""^' ^-^'^^' ^""'^^*'"- C""^"" arrived from Bay L'Ar«ent stating their instructions were to allow no Canadian vVsse to .secur'e fre h\e rrin. ? asked them to put their refusal in writing,. This they refused to do ^ During the 26th the wind changed to north north-east and the weather turned in- tensely cohl. fried to secure herring again from Farrell, but policeman prevented him from liaiidling them. On the morning of the 27th (the steamer "Fiona," also employed in the Newfound land goverimient service, and having on boardCommissioner Sullivan, not having arrived as expected), I sailed for the Bay, the East. On the way down secured a lot of twenty- five (2")) barrels of herring, spread them on ice for freezing and engaged two hundred and fifty (200) barrels more from one Jeremiah Petit; had about one hundred (100) barrels in boats to spread on ice when steamer " Fiona " arrived and Commissioner Sullivan boarded my vessel, asking me what 1 was doing here. Told him 1 was trying t■'. '»^ munii^nr, (.n .Monday tlie (Jth. foundland con-pS-d " '^ ar N h^ itl' TT ^' '"" '\'''ii''^ "^ '^''''' "^ ^^'"^''^ ^^^•'^- difficulty may be sU e as fol 1 V I.- / it""" ""'' ^'"'"^ «^^"'"''«- ^'"'i^flv, the available at present;!- ' *''^'"^' '''' '^'' "'''''''''' ^•*' l^^"'- ^he only Hgures States, ..ate at the end onC eu^ni Ito;' I^.f"' '" ""'™ '""■'' '" ""'"-• '» " «.-» eniployed is between 5 WO ud^ nX ??.' ^""^ ^'"''' r*^^"^'" ^'^^^ """'^^e'" "^ '»^» mated at alxmt 400 odrou 'tak ?' 7'Li^\'"7»" P'-«''»ct of the cod fishery is esti- on the Banks LdoTthecZt of "v \ 'v '^' t"^*^' J"'""'"^ ^'^^^ *^'-«"'=»' ''^^ ^•^l'^"*'^. to the returns, t|"7r69Tsteri;.ri"'"''^ ""' f^^'^-' ••"'"*"''^' ^"^'»«'. «<=^'""ling u.ii^, ,ic i, < j,oj< Sterling, or in round numbers, to -SI, 400 000 Iff! 93 111 reply, I stated tln.t in all ne^fotiations affecting; tratle regulations with the ITnited States, the doimni..n always included Newf„unf British subjects on tins continent understand how any treaty could be made with the United States by J^ewtoundland in which Canadians could not fully participate and rice verm; that as Canmlaand iNewfoundland had always acted concurrently, I saw no good rea.sons for any departure from the precedents of the legislaticm of 1804 and 1H82. But the " chief cause " of complaint was that whilst Newfoundland was endea- vouring to prevent the French obtaining bait, we were supplying them with bait from our Magdalen Island herring fishery. In reply, I stated that if it were the case, that we had not only sufficient bait ff.r ourselves, but enough to sell to the French, there was no necessity for their passing an order in council depriving us of bait. But I fully .satisfied them that it was impossible tor us to sell the French herring from the Magdalen Islands, inasmuch as whilst the French wanted the bait the last week in March or the first week in April, it was then impossible to get to the Magdalen Islands for ice, and that there was no herrin.r there until the ice left. ° The delegates concluded that if the bait fishery was a.s much ours as theii-s, and as thel^rench " bounty fed Hsh " met Canadian Hsh, as well as their own, in the world's markets, Canada should contribute to the protection of the bait fisherv, and then all opposition on their part to our obtaining bait would be withdrawn. It was in this spirit we reached Liverpool, whence I wired you :— " Premier open to proposal for settlement to pay share of protecting bait fishery or sending steamer for May and June and preventing our Hshermen selling bait to the -trench, Americans to obtain limited bait by joint consent." Upon my arrival in London, I was introduced by Sir Charles Tupper to Lord Knutsford and Sir Robert Herbert, with whom I had several interviews, when I found ttiat tliey agreed with me in the views hereinbefore expressed. I learned also that before the Bait Act received the royal assent, a distinct pledew- CHARLE8 H. TUPPEU. No. 87. [Cxhh.] n 1 • 1 c. . Ottawa, 1.5th .Line, 1891. Coloiual Secretary, ' St. Johns Xewfoundland. they ^"Tow dir'^ '^"'""'"'■'" '"'" '"' ''■"" >'«"^ P"'-*^- ^-^''y -We whether CHARLES H. TUPPER. [Cable.] No. 88. St. Johns, Xewfoundland, 18th June, 1891. Hon. Charles H. Tupper, Ottawa. Position unchanged. Regulations have not been relaxed. COLONIAL SECRETARY. No. 89. [Cable.] Tuppkh, Ottawa, 18th .June, 1891. London, England. Newfoundland regulatio not relaxed. Canadian vessels in our ^heirn Dorts embarrassed by bait prohibitio .. Can nothing be done by English gotermnent ? ^ TUPPER. No. 90. (Telegram.) Hon. C. H. TCPPER, Ottawa. ^■'''*^^' ^'"^ J^^^' ^^»1- Will Newfoundhmd bait law soon change, favouring Dominion vessels? Answer. H. N. OXNER. ■ s III {Tefer/ram.) 94 No. 91. H. N. OxxER, Canso, N. S. Regret not able yet to give definite answer. ( Teler/rain. ) Hon. Minister of Marine and Fisheries. No. 92. Ottawa, ;tnl July, l,s[)l. CHARLE8 H. TUPPER. Halifax, Gtli July, 1891. Can Canadian vessels procure bait in Newfoundland, and under what conditions? W. D. HARRI\(}TON. No. 93. [Tefeijrniii.] W. D. Hah.un-,;tov, Halifax, N.S. ^'"^''■'' ^'^' ^"'^■' ^^"'^'• Have no notice of change in Newfoundlaml regulations yet. CHARLES H. TUPPER. [Te/fiffmni.] No. 94. Hon. C. H. TuppEH, Minister of Marine and Fisiieries, Ottawa. Canso, N.S., 14th July, 1891. Any chance to go to Newfoundland at present J Aaswer quick. REUBEN RITCEY. [Tefe(/mm.] Recben Ritcey, Master, Canso, N.S. No. 95. Ottawa, 14th July, 1891. Have no advice of change in Newfoundland regulations yet. CHARLES H. TUPPER. [7'e/e(/7nm.] No. 96. North Svdxev, C. B., 17th July, 1891. Hon. Minister of Jlarine and Fisheries. Wire if any change Newfoundland bait law reference Canadian vessels. A. W. HENDRY. [Teht/rain.] A. W. Hexduv, North Sydney, N,S. Not advised of any change since. No. 97. Ottawa, 17th July, 1891. CHARLES H. TUPPER. ' U 9S INOI. KR. 891. iiditions ? ON. 891. ' l» 'Vji* ER. m. ilY. 91. :r. )i. Y. II. R. No. 98. Jos. PcPK, E.S,, , P..iv,Uo Sec^tary ''"'"'' ''^'' '"'>'' '''^'- to the H(»ii. tlie Pi-eini*^-. Ottawa Will you l>e good enough to sul.init this .e,,up.Ht to the premier. Yours very truly, 'JOHX TILTON, i^'J'"','/ J/ in infer „/ Fu/in-ifM. No. 99. John Tiltov, Esq., ^""■'' ^'''■'''''"' ^^'^^''"•=' ^"""''''^ ^Oth July, 1891. De])uty Minister of Fisiieries, Ottawa. I li " , . pieasen to caljle the governor of \pwf(.iii.0,h .Inly, ISUl Thft ('(>iiiiiiitt('(> (lilt •f flu- privy I'ouiuil iiiivi ' '""•""» ^o ^''" HKht honour! Ail whicli is rfsiiectfuily .submitted. JOHN J. .M((}KE, Chrk i>/ the ]', t I'l/ Ciiii «(•(■/. [Knclo8iire 1 in No. Kn.] Dkpahtment of Fisheries, Canada, rr n- V 11 Ottawa, i'.3rclJune, 1891. It) His Exwilenoy ' The Governor (fenenil in Council. t«,-, „f s,M.-f,„. , „ ^ , , r mtC^^^^ nKht l,„„.,„ral,l» tlio ,„.i„ci,,„l ,„re. This nrochmmtioii is dated -'Oth Arm-oli ixoi .. i n^ fourth section of "an act to a nend an '. 1 ' "'*, "**f'' •••^''•^•"f? that whereas the and saleof baitHshJ "prov le ,U t L !? ''^ *'" 'T' ''•''"*'"« ^" ^>^I">'-tati..n p.-ocian.ation, suspend o ImSt he .periTo?^ .t'Thi;" r^tT- '"""/'i"" *"*""^' '^^ under, in relation to any (iistr c ,T t ,f tV i ' '" l" "'"" ••^"^•'-'"■^•^« ^''^re- sud. period and in relatiL tc^":!^ 2Je^^ f^/^^'Z;^:^::^^ ''""T'^ ""' '"•• tityof'bait that «nV ve L Ih • n^ o "^^ 'J -P«'-"t to limit the quan- purehase under the siiid act in tl "" co onv fo,- H f ' J'". P«''"""«'l *« take or fore, by this n.y prochunat^.;: Sedar^'Z no ^S ef Sl^^Ji^S-J ^f " ^"- chase more than ei^ht barrels of herring for each dorvZn 3 , ^"'i ""■ P"'"' barrels of caplin for each dory employed by such ves ef ,^f2'\ '\'"t '"'TI' '"" *"" «.«! l';;rr'f;zJ;;;y' >■'""■"•"• "■*"" »'«"■'■ *"■• - ■'«« ^'ot^ .m.,ci,, , m. vesJ,*^'" ""'"""'"""' «"""i ''"•''P' «» t;'»»f"»"'!.....y .i.- i;n,....iai to allow hi,,, to pHKun. salt I,,',-, ^ U . m^ ''"'. ''^•■^^""'"""''"•I MUfl,u,i,i,.H IWl,...s "'etl.at und only «t for lobster bait, as all tfb^ 7a,^ le da , .^^ '"""« ^i'"'' *'^ ^'« «'^'*«^ island, it appea..ed absurd that an^ ^bjlStiorw uh b " U^ ".Inmf'ir". "' ^'^ matter of pi-ecaution that induced me to ,n;ik« t»,« L . "' , ' '""' '•' ^'i« "uly as a are not available at the places refer ed uS tl e mi ! ! i ""^ ' . '^" " ""^"'•" "^ ^''''' ^''''■"%'« T am now waiting here for the pu 3 e of e t^^^^^^^^^^ heavy expenses and c^msequentZT I„ eoS ,TiL , 1 t ""^'"»^•"'^ ''«"'?,' under with your opinion in the matter, Thich aprj. bJ ''LiT ^'"" '" ''"V"^ ^'^^our me Act, to say the least. ^'^ *' " pecuha.- construction of the Bait I have the honour to be, &c., JOHN P. CHETWYND. [Enclosures in No. 101]. ^'^P!/ f>/ teh(jrum sent. TIT Ar T^ ^^ POILK, XkWFOUNDLANI). 10th \niil IMOl Messrs. McDoucall k Templkton, ^^ ' ^• Bt. Johns. 23o to 23A-7 ''^"^'^ ^- CHETWYND. John p. l'u^)^\»|-^f>, Mt. J<»iin», lOlh Ai.ril, I Ml) I .M//nct(/r, rr; i No. 103. ■vr T\ II Ottawa, 22ncl Julv 1891 ^\ . D Harr,n.,tov. Clloct.,,- of Customs, Halifax N H ^ JOHN TILTON. No. 104. res,»cli„K the Ne»f.,„„;;i;;,„i luM. " «""".".»,„„„ f,,. C.nad,. i„ r,>,„l„„ JOHN J. ilcGEE, Cltrkiof the Privy Council Ckrtik 19 f KiiHiiKiir* 1 ill ^f... |IM| OrrrrK „»• ,„k Hi.„i Comm, .vkm »„k Canaiu. Tlif lliglit Moiiouiiilili. i^ir.loiiv A. M.uiioNAi.o, (i.C.a, Ottiiwii. •MV l»KAIt SlIJ .luHN .MacIM.NAM., Hth inHt., f li,.;r to tmiif^init. Iicivwitli t'..i rpceiv,..! tV„iii tin- r..l,mial „i»in. „n'th, VulnriH ChiiiiilMis, 17 Vi.toriii Miri...t London, S.W,, Itiih Mav, 'lsi»|. Ill ••..Mtimwifioti .,f i„v letter. N„. -j;.!, „f t|,^ ■ v-.iir iiitoniKition, (•(.jii f twi. Ihu-i. I hnv*. t" H.«' .lepiuHnHnt in rep^ '.municHt,.,,. w|,i..|, | |„.,.. ,„„lrHHs<.H I iciimiii youiN fdithfully, C'JIAULKS Tri'f'Klt. f KmlDmirc 2 in No. 104.] Th. U I r. ■ • ^''"'"'""' **"'"'^=' '*"*^^'-^" «'''««''.T, N.W., 9tl, Miiv. IHIM IK'' HiKh C oniini.MMio.».r f..r fl„. Domini,.,, of CmmU of Newfou,Mll,u.. (KmlfiHure 3 in No. I04.] The High Con.„.issione.. fo.- C«na' '^'J'- pointed out that the .-esoiutions n Z " ,r".. '' ^"•' «'"'"-""r ".* N'"-foun,iiH,.,i nas ras Newfou,ullH,,,I a,,y Ireau; p, we,^^^^ *".""'^'''' "" ti,e Kovennn-nt or •.y section 3 of cl^li^V theliev se. C '' '7',.''^'"'^* ^■'""''^" *'"'" '« '-•""f-"-'" do„.inion of diserLinat-IgtJJ^r^JllJJ^lSKnd """""''' "" '""^ «"^*"-"-"* "^ ^'"^ «oveio;'-;:;-rhS^i - --i..the I am, itc, JOHN I5HAMSTOX. [Knclosure 4 in Na 104.] Office ok ti.k Hioh Commis.hioxkr for Canada Ti. TT , o ^' ^"'(^TORiA . Street, .S.W., loth Mav 1801 Ihe Lndei-.Secreta,-v of State, . ' >'" ^«ay, if^jl. Colonial Office, "S.W. Jidc to 23A — 7J Ay, 100 In the second paragraph of Mr. Bramston's letter it is stated :_ ci,cu.,.»toni™ i„ favour „f the UnilTsf^H^. ■ "*"' '''f ""'""'«'"" in certain bei„« .aken ,„„,.a„t Z^^.t^iiS:^ SrSLXl^:" -iS^L ZS' "" T"' land and it. dJpen.leS i wlli t isTr^Sd'iiT'""''" '" """ "' '*™'''"'«'- the »'t:s;vs^[5eS;e:zrir£ dit^^^^^^^ '-"- '» - - -"* I am, sir, your most obedient servant, CHARLE8 TUPPER, //igh Commissioner. [Knclosiirf 5 in Xo. 104.] Departmext of Fisheries, Canada To His Excellency ^^''^"■•'' ^'^ ''"'>'' ^^^l. The Governor General in Council. fou, the high e„„,„|.i„„e,. fo,- Canada, tawJltLTIctTMl^ " "■>""""-"™ s=rrj:™2:ri:;;ht:ir„,x to^rs^iThl'titur,:!!' rS'"'™;'^ -r"'^ "? Ne»t„„„d,and 101 «l# confer on the government of Npwfr...n,ll„.,-i ''"*""^*-""" reieired to did not appear to government have used the power conffrrerl ,,,.,.» /lit V T ■ " ''^^ "'^^"^ *''« fish products from NewfouifdliS free o" cfut/ "^ ''''"" ''^ ""'' "^"^ '"'^' to grant »toil..,. reductio.MtoBS X* ''""' ' "" '""'" "^ '"'"■" hitheS; pu Jrs raS ,!: rL:tis,r:f .s xr.^o 1'' r •'" ernor and commander in chief of Newfoundh-nd Thei W. . ' '^'*^'.*" ^''^ Sov- to th^tt-iacz^^^^ negotiations between GmTKain anSp^ n S^C^^re^'T f "'" "'•""""I relations between Canada and tlie Soanish a'„H I.. „ ? ■ ""*'' «°"imeiei«l .Muce the joint report of the undersigned on this subject dated Mth nlfn, .i dealer who'hTf'!. f ' """''*"' t" ^PP"."''^^ correspondence with a Canadian fish land thai no relaxation of the regulations had taken place ' ^e^vf.und. 102 your excellency and Her MaiestvT!,nvlrn. ' Tx . ^rcmustances so well known to bill, it is quite evident traTSaftkuci^ of '\^S?"''i"^' '^^ '^""^'^"^^^ of the bait Canajla will 'lead to «till fuS rtC^^^^ Newfoundland authorities towards remain unchanged. ^ relations, should her pa.st and present actions of tl^l^cSStle sSrixX^^'tw?™ ^1" n^^''''^' -^'^'^ -"'^ -'- out taken by that colony ^ Newfoundland of the power now sought to be .uenS;ikJjr^:S;^K;^^.:';;';5.^ your exceHe^y to the conse- power of discrimination, and recoir,encl tlmf Vn ' ^^'l";/ . "'"t^^'^Plates such additional right honourable the pr nc pa sec 1 " of sl^^ '*"t '''>^'''> *'-'^'^«"'itted to the Majesty's government with thplvn!^- * °'" '''^ colonies, for submission to Her devised%o''securrt! H^, >£^^^^ f '^'^ ^"'•"^«* ^'''P^ t'"*^* ««•»« "'eans may S colony of Xewf,,un(LmJ a li^^^^^ ^""'"'"' "^ their intercourse with the colon^ociti.en:'^U::'n:UruS:,g™uS^ ^^"""^ ^ -'« ^^'^ ^^-^ed by tha^ Respectfully submitted, M. BOWELL, Minister of Cmtotiis. CHARLES H. TUPPER, J/itmter of Marine and Fisheries. (Telefjrntn.) No. 105. «T. PiERHE, MiQ., 3rd August, 1891. Hon. C. H. TuppER, Minister of Marine and Fisheries. Am master "Hazel Dell," Yarmouth land, If possible enter for bait. Replied, no. I heardTw ^hTn^d.'Te'S HEDLEY RIDER, Captain Telegraphed colonial secretary. Newfound- (Telegram.) ' ^O- 106. Hedley Rider, Ottawa, 3rd August, 1891. Ht. Pierre, Miq Have no notice withdrawal prohibition or change of law. CHARLES H. TUPPER. No. 107. Lord Knutsford to Lord Stanley of Preston. The Governor General, Downing Street, 4th August, 1891. *c. ifec. A'c. honouJ to'^rcTui^rl^t trr^^^^^^ -*-' •» ^^ --•»-», I have the Newfoundland has declined rac"en X Inio/ 7 /." '"!'*'''' i^*'* ^'^^ govermnent of their action in refusing to iss^S iceLe^r Cani 7^ "'*^'"^"^ *^" '^'•^^^ '^^<^ illegal and have decided to maintain the prliWtfon "" ^'"''""" " "'''" ^"-^'^ ^^^ *«>» •|y 103 I have, ikc, KNUTSKOHD A." [Enclosurt! 1 in No. lOT.f Memouanuum. Bait controversy/ between Newjmmdlmid and Canada. ope. JoutT«88"'''r:!. Y'' ^'" *"'■ *'f P"r^^ "^ "■^^■'"''•"S ^»'" l^^--h -une into ueMhi.^ba t vl-.A^'^'f'r'rT''^^'''}' *''« ^^»^i«'--t ^'^« t'^ '■'^^lutle the French from getting bait. Canada asked and obtained permission to get bait in Newfoundland in the same way as Newfoundlanders. DuriiiL' 1888 1889 -infl 18 0 fwl' * s^p :';;: 'S':' ^'^''%^"^''" •^•^^.^™- Nei^foundiaicTsup^td^'i't ^ t ;f fwh :; Tn 187l p' r'"'*'''" '•^'^"' frustrating the object of the Newfoundland ac bait u lit/h ^'^"'"^"•^ ^^«'-« '"f"'-"'^' that Newfoundland would withhold rl then. ^et i„.rEr 1 i . J *'"'■'' *""• otherw,se assisted in preventing the French f.om ?he Ffe,S ^^'^ '^ reco.T.pe,.se certai.. of the losses nliule by st',ppi,.g the Ut ".> e.Kls'^tt^Xu-t°o.f Zr'^'^n": soon as they promised to take n.easu res to these miu..: "be Sen "'"'^ " "nmed.ately removed without waiting for the 1. c^Ss:!:^^":^::^, *'""«'* ^'^^ ^"^'^^ ^™^ ™ ^^^ -•' -« '-^^y Hotel Metropole, 4th July, 1891. [Telef/rain.] No. 108. „ r. XT rr, ^''^- P'*=«R*:. MlQUELON. 8th August, U91. Hon. C. H. TupPER. e > -'*• Will you give Canadian vessels permission to get bait on Newfou.idland ? ANUUS HINES. No. 109. . J Ottawa, 8th August, 1891. Axcius HiNEs, St. Pierre, Miquelon, Have no authority grant permission to get bait Newfoundland. CHARLES H. TUPPER. 104 I No. 110. Lord Knntsford to Lord Htanhy of Preston. „. ^ „ Downing St., 23rd August, 1891. His Excellency the Governor General. N,. S ^r.u'^] have the honor to acknowledge the receipt of your lordship's despatch J^o. 188 ot the 31st ultimo, enclosuig a privy council minute with the report of the mmister of marme and fisheries respecting the proclamation and instructions issued by the government of Newfoundland for the enforcement of the Bait Act of that colonV during the present season. ^ I have to refer your government to my despatch No. 180 of the 4th instant on tne subject. I have, etc., KNUTSFORD. No. 111. Ottawa, 26th August, 1891. Hon. Charles H. Tupper, Minister of Marine and Fisheries, Ottawa. townS^'"!?"''"^^""*'*'^ ^'^K^ P^P^"' *^'** *^^ government intend taking steps towards obtaining compensation for losses sustained by parties in Bay St Georcre through the act on of the French admi: ,1, and desire to'^emind you of ^heclaims^of S?" / ^ ^' f ^T'v! Y^''^''/' "°^' ^" y^""" *^^'^^«' '^'^d respectfully suggest, if not already done, it be placed before the imperial authorities immediately, with a view to having It discussed and if possible recognized and paid by the Newfoundland Govern- ment, m case their claims should receive favourable consideration. We have the honour to lye, sir. Your obedient servants, T. E. KENNY. JOHN. F. STAIRS. No. 112. Messrs. T. E. K.nnv, Esq., M.P. '^'""^"' ''''' ^"^"^*' ''''■ J. F. Stairs, Esq., M.P. House of Commons, Ottawa. Dear Sirs, -In answer to your letter of the 26th instant, I beg to say that a report 7r! '"In "'""""' Tl'"n''\^^'^T'"^*' '-—nding that tlfe statement of C James Allen, owner of the British schooner "Ocean Belle "be forwarded to the secre- tary of state for the colonies, with a request that the claim might be brought to the attention of the government of Newfoundland. o "' >^o Yours faithfully, CHARLES H. TUPPER. No. 113. The Hon. C. H. Tupper, '^'"^''^' ^^'^' September, 1891. Minister of Marine and Fisheries, Ottawa. rfnmjf !!'~^ ""' """^^^ ^^ ^'■- ^^""'^^ ^- ^"^''' «* ^^•i^'*^> to bring to the notice of the dominion government the importance of urging the imperial government to obtain from » f 105 91. lespatch of tlie sued by colony :ant on D. )1. ? steps jreorge, liins of , if not iew to 'overn- 1. report )f Mr. secre- to the the judicial committee of the privy council an immediate decision n.s to the validity of the regulations of the Newfoundland government, respecting bait, which discriminate against Canadian fishermen. Mr. Boak points out the very great loss Canadian fishermen were put to last .sea- son, and the hardship it would be for them to lose another season. I have therefore to request that such steps be taken as may l)e deemed expedient to bring to the notice of the imperial government tlie importance of obtaining an immediate deci.sion from the judicial committee. r have the honour to lie, sir, Your obedient servant, JOHN F. STAIRS. No. 114. Ottawa, 30th September, lt<91. Messrs. Muir A- Son, Halifax, N.S. Sirs,— In reply to your letter of the 22nd instant, as to whether a Canadian vessel going to Newfoundland for the purpose of purchasing a cargo of frozen herring, to be disposed of either in Canada or the United States, is liable to .seizure by the New- foundland government, I beg to say that according to the terms of the in.structions issued by the Newfoundland government to the magistrates, customs officers, itc, no licenses to purchase bait, or take bait fishes, will be granted to Canadian vessels. I may add, as stated by me in the house of commons on Saturday last, that the government has rjeen most persistent in its efl'orts to effect a settlement of the diffi- culty ; and I may safely state that negotiations are approaching that stage when we ought to expect a satisfactory settlement Ijefore the next fishing .season. Yours faithfully, CHARLES H. TUPPER. of the 1 from No. 115. Copy of a Ri'port of a Conitnitti'i' of th- Ilononmhl,' tin' J'rivt/ Council opproivf hy Hw E.i-ce.flency the Governor General in Council, on the ,>lst ISeptenilmr, 1891. The committee of the privy council have had under consideration a communica- tion, hereto attached, dated 16th Jlay, 1891, from the high conunissioner for Canada, forwarding copies of correspondence which has passed between him and the colonial office, and also between Sir William Whiteway and the colonial office, on the subject of the enforcement against Canada of the Newfoundland Bait Act of 1889. The minister of marine and fisheries, to whom the connnunication and enclosures were referred, observes that, in his letter dated 4th May, to the secretary of state for the colonies. Sir William Whiteway, Premier and Attorney General of Newfoundland, seeks to justify the non-observance liy his government of the pledges of Sir Rol)ert Thorburn and Sir Ambrose Shea, on the ground that they were ni'Mle upon a pnrtest of the Dominion government against the legislation propo,sed, which, he urges, the Cana- dian government had no right to make ; and which protest. Sir William Whiteway thinks, would not have been held by Her Majesty's government to be a valid reason for recommending the withholding of royal assent. Also, that Sir Robert Thorburn could make no such promise that Mould be binding upon the goverinnent of Newfoundland. The minister, upon this argument, has nothing to add to the histoiy of this case submitted in the approved minute of the privy council under date 21st April, 1891, already communicated to Her xMajesty's go\'ernment, wherein it was shown Ijeyond reasonable doubt that it was upon these assurances alone timt Her Majesty's ministers were induced to recommend royal assent to the legislation. 10» wl,afJv V "'/,"••*"'' "''":''T *'"'*' "'"''''• *'^^^" "rcun.Htunees it would seem that whatever may be the views of the present mhj.inistration ..f the «..vern.neMt of New ...uunancl upon the subject, or the interpretation Sir Wiliian. Wl^tew "^ lees uZ' s .ronuse to " ,lo what he coui.i to n.eet the .lirtieulty " after learniuK the e .Kal^ts s preCcesHors, there exist, in fact an obli^.ttion to fulfil the pledges upon whiX e assent ot Her Majesty s «overnn.ent to the legislation in .,uestion was obtained the fJilur!."to'f .I'li'l'tr''' """■"'-' ^'■'"" "'" '7-'^' "''^"' •'*■ ^'"' I'^Ki^l'^tion, subn.its that th. tailuie to tulh the engagements entered int.. on behalf of the «overnmenL of New toun.lan,l avowedly to pron.ote the allowance of the proposed le-dslat ''e u ers Im penal h-islation for its repeal justifiable. ' """'^'^'^ "»" di,.p..H?r'' '•"'"*''!'' '' '' V""^i''"''«" H"it the act has been used for the very purpose of Ivctly d.scrnmnatn,« aj;a,nst British subjects in favour of citizens of a fo.^iSn Eon tis^t'tSaS ;;;:''""'^'"^'' " ''- ^^'^f-^^"^ -•- - ^- -i-' <'^ ^" - The minister reconnnen I, dealing with a proclamation and instruction of the g( eminent ..fNewfoundlaml regarding the enforcement of the Halt Act during the pre- Ch t3"-.f H r "^'."VT '^PI^/""'-' '^ communication with enclosures frJ n Mr. Chet^^ynd, of Hah ax, which showed to what extent this inexcusable discrimination is fo"^."iaS '""''''"'"'''" "^''"•""" '" ^"^'^'' ^'-^''^^ '" favour ..fZe'i : The minister also desires to state that he having received the following confidential cab egnun from the high commissioner for Canada :-" Confidential letterlZ c ^n a ortice s ates law officers have advise.l Newfoundland government not empowei'ed y 18h<, or entitled apart that act to exclude Camwlian or other British fishermen from £nad!a.f HsT""'' "" -.m" <^"-— ."^ '"f---"-! --^ hope expressed prohiSn" ga n t L^anachan fishermen will be at once withdrawn.' ' r t a„auin,i, He telegraphed to the colonial secretary of Newfoundland as follows •- wheth ''s;:;i;m;:?dJr" '"'"""'^ '^^''-^ '''' *'•'"" ^""'- ^-'•^^- ^-'"^ -'^^« To this, he regrets to inform your excellency, he received the following answer •- P<.s^tion unchanged. Regulations have not been relaxed " " advise tl-?tvZ"pr: n" ^h« '•«^""""f'«''^tion of the minister of marine and fisheries, advise tit your excellency be moved to transmit a copy of this minute if approved to All which is respectfully submitted for your excellency's approval. JOHN J. McGEE, C/erk o/th'' Pruy Council. [EncIosurtU ill No. 115.] Offick of the High Commissioneh fok C.wada, Victoria Chambers, 1 7 Victoria Street, LoNDO\, 8.W., 16th May, 1891. ' The Right Honourable 8ih Joh.n A. Macdon.\lu, U.C.B., Ac, A-c, Ac, Ottawa. My Dear Sir John Mac-doxald,— Following up my despatch. No. 275 of the 8th instant I enclose for your information a copy of a letter which I hkve receive from the coCnial office respecting the enf<.rcement of the Newfoundland Bait Act aga I'^s Cai an S rwLitr*^"""*\' 'T"* '\ correspondence between that ^pa tmenrand ten A\. Whiteway upon the subject, which accompanied it. I do not send the other ^^X'of'^tatirtt^'f ':~'"-*--^ .^^f^-" the governor ^eril ^a^id th" hecretary or stat« tor the colonies, which you will already have. • l • 107 I alsi. forward a copy of a further letter which I luWre.ssed to th.j colonial ottico upon the subject yestertlay. I rt'iiiain yours faithfully, CHAliLEH TUPPKH. [KlicloMiirc 2 ill \o. 115.1 Colonial Ukfick, S.W., li'tli May, lf<'Jl. ThK HlCill CoMMISSIONKK KOK C.VNADA. SiH, With reference to your letter of tiie :2.Sth ultimo, 1 i.ni .lirc.t.MJ l.v b.rd Knutstonl t.. transmit to you copies ..f correspomlence respecting the enforcenient of the iN jwhiundland Halt Act against Canadian vessels. I am, iVc, HOJiKUTd. \V. }lKlll!i:UT. [Encliisuri' 3 ill \ci. II.").] Coloniul OjjicK to Sir 11'. \Vlnt''n-ai/. Do\vNi\(; Strkkt, S.W., ioth April, ISO I. 8ir W. WniTKWAV, K.C.M.O. SiH, . I am directed by Lord Knutsford to ac(iuaint you that he has received a telegram from the governor general of Canada stating that the iJominion govei'iiment earnestly protest against the unfavourable treatment of Canadian vessels by the Govern- ment of Newfoundland under the Bait Act of l8K{t. " They point out that the bait act of \mi, of which that of ISS'J is a consolidation. was only assented to by Her Majesty after an assurance had been given by tla; then Newfoundland that the fullest rights and privileges to procure bait for Clli^.ll : Sir lioiiKur Hkimikht, K.C.M.CJ. . HoTKL Mktkopolk, 4th Miiy. 1.S91 On..,.. To both ot- thes;^e^;e:l^^I:'T:;: ,:::': t?;^^^^ "•""• ^^^ ''"^"-'-^ lue efene to T lil " " T" '"'f'^T ^^''^'' ^"•'' Knutsford an.l the gentle- Charles Tuir Tsir iL T ' ''' '""' ""• ''^''•''■' '"^^' ^ Lanlly think that Mir take . atH^Hhi; f ;n^;eir;;;=;:s\:;:^ii'^'^^- ^-^ ^---' ^^-^^ ^•-^- assurance he referred and he .31,1 ..t f ^ ; „ ""^^ Tupper to ask to what o..,-dial rektinm witircjln,! » *' ' ~»S."'.«1 ti.e importance of Laving I "«' "' '»'-■ '■"' ' "- l«l to ca„l, prot« agai^t the Bait Ac. oAtse'j^yl;. .rft . il^W^^ '" 109 Kt.vernmcnt would net liave I.HW such pn.t.'st to I... h v.iliil misoi, tor advisini; M.t .Majesty to ,j.tus,. Ii.-r ass.-nt to an act lmvi,.« for itsol.j.rt tl... protcctioiiof tlic Hs|„.ri..s of Newt(aiM(ilaiul. I suhmit also that Sir Uob.Mt Tliorl.urn ...uld uiak.' no promise which could l.c held to he huuhut; "> rHation to the parties with respect to whom or a-ainst whom the act Nhouid or sliould not operate or lie enforced. In addition, Sir lli.lmrt Thorhurn could never have anticipated, wli,.,! h.i made the promise that Canadian Hslienn.Mi woul.l have l.een employed in furnishing a supply of halt to the l-rench, knowing, as tiie Dominion yovernmetlt knew, that the ohicct of tlie act was to prevent it. The action of Canadian Hsherinen in carrying a large! supply of halt to St Pierre has had the eHect of tliwarting the very object for which the I5ait Act was passed • and whilst, tor the preservation of our tisheri.-s generally, a numher of our p.-oph-'have suHered m heing stopped in a trade which they had carried on with pn.fit for many var. Canadian hslier,..en have prosecuted vigorously the same husiness, not only in smug.'lin.' bait from Newfoundland t<.St. Pierre in contravention of tlie Pait Act, hut in conveyin" the same from luirts in the Dominion to the same place, ' " I may add that it was m.t until I arrived in bmdcm last July that T was mad.> tuHy aware of the nature of the promise made by Sir Robert Thorliurn. Mr. Harvey and 1 had the pleasure of a conference with Sir Charles Tupper last week, when the complaints which we have weiv explained, and appeared to Ih^ fully appreciated by him. The Dominion Hsherinen are interested as w.. are in counteractinir the etiect of trench bounties. * A reas<.nable solution of the difticulty was then suggested and telegraphed by him to the Dominion government, which was to the eHect that the Dominion parliament should pass an act .similar to the Bait Act, thatt.ie Dominion government .should co-operate with us in the exex-ution of tlie,se laws, and also aflford aid in the compensation of those residents in Newfoundland who had as before mentioned carrie debar Newfoundlaml trom obtaining an advantage, because Canada cannot induce the [United States to con- cede the same privileges to her. The subordinatiem of the interests of Newfoundland to those of Canada is working great injury to the former. This is deeply felt, addiiK', as it does, to the difficulties under which at present the colony is sufTering. It is the fervent hope, in which T share, that this objecti.in may be overruled and the convention assented to. I have, «fcc., W. V. WHITEWAY. 110 [Kncliwure (5 in No, li5,j Office op thk Hkjii Commismionkk fok Canada. The tnder Secretary of .State, Culoniiil OtHcp, S.W. Sir,— I Ih^k tuackncwlvclge the receipt of y„ur letter of the 12th instant and its e„ch.u..^, respect,n« the enforcen,ent of the sU,u,uU.,ul Hait Act aSllTc^nluii;:; T '^-^ — ^= ft V*«--y'« '«^tter of the 4th instant to wmcn 1 would reter. It is the following paragraph • /Sir ^,i.^T"'*'''^'''^*"^" of the dimculty was then suggested and telegraphed l,y him (Sir Charles Tupper) to the Dominion governn.ent, which was to the effLt that he Dominion parlian.ent should pass an act simila.- to the Bait Act, thlt the Donl on Rovernment should ^.operate with us in the execution of these law's, and llo afl" f i3 in the compensation of these residents in Newfoundland who had as Ijefore me. " ned foi^Iwitr ^1 •^r; -PP'y-g b-i--- Had the answer been satisfacto.^ TShou a "ve forthwith cabled the suggestion to my colleagues in the executive council for heir Sr£^:;:"^r:;i!;:tJ"^^^'^^"^'-- -'-' - —unieatttirSr .£i::!ti^s: &; rX*t:K^-^?^lr ^s::i;^3S heZlXtTr'ilT'V^fVr'-'''^^^^^^^^^ -^1 *» ask'hiiii what I- u T^u ^"'*^ '** '''^** ^ ^"'' *'^ ^^>'' be seen from my telegram to Sir lohn which I beg to quote for Lord Knutsford's information : - ^ ^ ^^ "Have had long confe.-ence with delegates. It is claimed that Canada is deeply Z7T, r ^7^""^ r^' '" '»«i"t«»'^"'^e of Bait Act agai..st the bountytd French a, klt"air?Z f T ^'" "'""'"■ "^*. '^"^ J«'» "'*b Newfoundland in^enforcing and also aid Newfou.idla..d in compensating bait ttshemien at Fortune and Placenti^^ d^Touth\rjt^?r'''''''*^'''"^^^^^'^"p^ ^« *hose pi'es'^'Th:; r>,vnn T"°*'-'"''P?t''^^''**^^'""""*'"«°^*"'»'"«'^tfelt unable to entertain these proposals, in view of the breach of faith shown by Sir William Whiteway's go^e,nment ml Its allure to carry out the pledges to which T have referred, and\-hich w^^ obse.-ved by their predecessoi's in office. The other matte.s to which Sir William Whiteway .efe.s I am sure I need not ente.- into, and I will only express the hope that the Ne/foundland gover.rent ^'^^^ ye see Its way to treating Canadian fishermen as fellow British sv' iectf a d m t exclude BrTtlh ''empTrr '" "'"' "" '""^" ''''''' '^"'"^ *« ^ ^"^""^'-^ ^^'^^^^ ^^e l.mL of "': I am, sir, » Your most obedient servant, CHARLES TUPPER, //iV/// Coiianixnumer, o t) hi if re th Ill No 116. Hon. (;. If. Ti I'PKii, Minister of ALviiuf, Ottuwa. f. n■„M'"'^]^^Y""''' ••'■"^•^•''''tf!'"y "^l* f" •»«' '«lvi.s.-rl if .1 Cii.mlia,, v.wl -oIi.l' to \,.xv- :™7'' ;. »•;■ ?;• 'V:. 1""-^ •"' '■■■I- '. ". ",.>';.;,:i' ir, !;i, . ';;::;:, ■■;;;,'■;:„ circumstances, an.l ren.ler vessels so employed lial.le to sli.ur. "^ " ' vve may 11(1(1 that this enquiry is prompted l,v tlic r llf-.-n, .. e .i i- Your olH'flient servants, VVM. MUin A- HON No. 117. Hon. C. H. TiHFKit. Ottawa, I'tth September, l,s91. Minister of Marine and Fisheries, Ottawa. Deah HiH,— I enclo.se you a letter from Messrs. John Alien .t Sons of »,ilif,tv Yours faithfully, JOHN F. STAIRS. [Knclomirft I in No. II7.] JOH.V P. Sta.hh, Es,.. M.P., "'"'''' ""•'•' '^'' '^P^""''^'-' ''''■ Ottawa. t.iry of state for the^eolon,es^l)y the honourable the minister (/marine. laici^pi:^^^^^^^^ tZyZ r.t: '£ s;i:it^^ It allowed o .stand oyer until those of Newfoundland are arranged "'^ Attached IS a clipping from a late paper which refers to the matters in Question Thanking you and Mr. Kenny for your kind and pron.pt attentb^ u, ouSr^'ts n e remain yours faithfully, JOHN ALLEN »t SONS, JOHN C. RUSSELL. [Eiicliwiire 2 in No. 117.] FRENCH INTERFERENCE CLAIMS, ^j. „ '^T. Johns, Nkwfoundlaxp, 31st August. .1,0 hemng h.l„,.j during ,i,e l« three ,™. One of these i» for fi.oioTotl",! 112 tl- unpHrml treasury. Th. totnl los.. ./y tl.. ,H.opi;h.OH THlil/C: '"" No. 118. OiTAWA, I'Hth MftptPriilxT, 1891. John F. Staiiih, Eh.|., M.P., Hmme of CnininonH, Ottawa. Ymirs fditlifiillv, CilAHLES H. TrpPKH. No. 119. Z'>,v/ KnntMjoril t„ Lord Slnnley nf PrfHton. Governor General ^''"""' ''^■"^^^'^' ""'^ '^^•*"'-^' I^^l- The Hi«(it Honouiable Lord Htanlky ok Phkhton. I have, A'c, KNUTSFORD. No. 120. Colonial Offii'". to Governor Gmercd. rri,„/i „ , Downing Street, 6th October, 1S91. 1 he Governor General, . • ^i. Ottjiwa. enclosures, respecting the Newff.undland tariff. ^^"»"*"^' respectively, with their the reply winch I cause.! to be returned to the high connSler's le tt of ^hl '^/h May, m which it was pointed out, with reference to^he last of Te NewfoTndla„'ri^^^^ lU I have, etc., KNUTHFORD. Hon. No. 121. C. H. Tt'PPKH, ""'"•''' ^"^^ "*•' -'•^''' ^'^^'''«''' I'^yi- Minister of Miiiiiie and FiHheries, Ottawti. .t the g„v„,„„eM would .„™,p„„.i .,.,, „, N>wf.,„„.i^:,' J,',!:,!' ™ «.'::;:' Yours faithfully, JOHx\ F. STAIRS. No. 122. John F. Stairs, Esq., M. P. Halifax, N. S. Ottawa, 3rd November, 1891. ves«l8 for .„y of the S™ pu pS, 7 h^, . h * '"■"°""« "' ""™" "' C"""*"" excellency tumake a furtLrenrirv /f ,? ' ''»""'"'■. ""y"" "W'tion, a,ke — -1 T^^^n No demand further than such requests as have already been addressed to Her I shall, however, advise you when possible of any changes in the state of things acceT, '' """''It ^"^'^ '^'^'r '" *'" ^«"*™'-y' i* i««"ly reasonable thlt you shoTd accept my repeated assurances that nothing is being left undone on the part of the pre CHAS. H. TUPPER. 23c to 23A— 8J 116 No. 132. Ottawa, 19th November, 1891. D. A. MacKinnon, Esq., Barrister. Georgetown, P.E.I. Sir, In reply to your letter of the .'Jrcl instant, addressed to Lieut. A. 11. Gordon, R.N., I beg to state that Mr. Henry Dicks' claim was forwarded by the governor gen- eral to the proper authorities for submission to the government of Newfoundland ; but that the latter government refused to recognise such claim. The department has the matter on record, and should an opportunity arise it will be brought up again. I am, sir. Your obedient servant, S. P. BAUSET, Acting Depiity Minister of Fisheries. No. 133. Governor of Xew/onndland to Governor General. St. Johns, Newfoundland, 21st November, 1891. Referring to your telegram of 11th November, restrictions of export of bait fishes, my government regrets action of Canadian government in opposition to Newfound- land\ proposed convention with the United States of America and the persistence of Canadian fishermen in supplying the French with bait to the injury of this colony compels Newfoundland in self protection to continue the restrictions of export of ^^^""8^- V GOVERNOR. No. 134. Ottawa, 21st November, 1891. Robert Hockin, Esq., Inspector of Fisheries, Pictou, N.S. Sir,— The accompanving list of Nova Scotian fishingvessels from the mastdrs of which license fees were exacted" by the Newfoundland authorities during the season of 1890, has been prepared with the view of the ultimate return of the money collected by the Newfoundland government. It is necessary, however, that our government should have authority to use the names of the parties aggrieved before taking steps in the matter, and I am directed by the minister to request that you will obtain this requisite authority from the various owners, or managing owners interested, and forward to this depart- ment as soon as possible. I am, sir, your obedient servant, S. P. BAUSET, Acting Deputy Minister of Fisheries. No. 135. Report of a Committee of the Hononrable the Privy Council, approved by His Excellency the Governor General in Council, on the 2\st Xovember, 1891. The committee of the privy council have had under consideration a despatch, dated 4th August, 1891, from the right honourable the secretary of state for the colonies on the subject of the enforcement by the government of Newfoundland of the Bait Act against Canadian fishing vessels. , 1891. 11. Gordon, vernor geii- dland ; but arise it will sheries. •, 1891. ' bait fishes, Newfound- jrsistence of this colony £ export of INOR. 1891. .^rs of which son of 1890, ected by the should have the matter, te authority this depart- iaheries. is Excellency a despatch, ;ate for the idlp.nd of the 117 The sub-committee of council to whom the despatch was referred observe that by a report dated the 12th September, 1891, from the minister of marine and fisheries approved by your excellency under date 21st Septemlier, 1891, it was stated that the minister of marine and fisheries had received a oommuuication from the high commis- sioner for Canada, conveying the information that a confidential letter from the colonial ofiice announced that the law officers of the crown had adviseait in Newfoundland in the same way as Newfoundlanders During 1888, 1889, 1890, Canadians from Magdalen Islands, Cape Breton, and from Newfoundland supplied bait to the French at St. Pierre, thus to a great extent frustrating the object of the Newfoundland act. In 1891, Canadians were informed that Newfoundland would withhold from them bait unless they took measures to stop Canadian vessels from carrying l)ait from Canada and Newfoundland to the French, and otherwise assisted in preventing the French from getting bait, and helped to recompense certain of the losses macfe bv stopping the bait to the French. They were also informed that as soon asthev promised to take measures to these ends the eii^.bargo on bait would be immediatelV remo\ed without waiting for the measures to be taken. The Newfoundland executive thought that these terms were equitable and are ready to carry them out at any moment. Hotel Metropole, 4th July, 1891. The sub-committee upon this memorandum desires to observe as follows :— One of the conditions .sought to be imposed upon the vessels of Canada for the enjoyment of privileges belonging to all British vessels in the ports of a British colony, IS that Canada should help "to stop Canadian vessels from carrying bait from Canarla and Newfoundland to the French, and otherwise assist in preventing the French from getting bait, and help to recompense certain of the losses made by stopping the bait to the French." ir o It is submitted that this proposition coull in no event be favourably entertained by the government of Canada, even admitting it is necessary to purchase the concession ot the rights in (juestion. The government of Newfoundland cannot reasonably contend that there lias been a serious violation of the Bait Act on the part of Canadian vessels in view of there not having been a single instance of such an infraction brought to the notice of the Canadian government. On the other hand, representatives of the government of Newfoundland have been assured that Canada is ready to legislate in the direction of preventing Canadian ves.sels violating provisions of the Bait Act as soon as Canadian vessels are accorded, in the ports of Newfoundland, the privileges previously assured to them by the government of that colony and now denied. It is, however, unreasonable to expect that Canada should co-operate with tbp colony of Newfoundland to the extent of adopting similar legislation respecting tlie sale 118 of bait to the fishing vessels of France from Canadian ports. It may be remarked that there is a strong opinion, even in Newfoundland, that this legislation is unwise, and certainly in Canada it is not desired by any section of the Canadian people. It appears that the losses from the interference by the Newfoundland government with the people of that colony selling bait to the French, Canada is also asked to share. No ground for such reejuest is advanced. Canada is desired, moreover, to lessen the disadvantages acciuing to the citizens of Newfoundland from a policy voluntarily adopted by that colony. A general statement that a practice by Canadian fishermen thwarts the intentions of the legislation of Newfoundland, is not, in the opinion of the sub-committee, a suffi- cient reason for the demand now made upon Canada. So far as the sub-committee have been able to ascertain, the percentage of Canadian vessels selling bait to the French is exceedingly small and these vessels obtain their bait from ports of the Magdalen Islands, with perhaps a small portion from other ports of the Dominion. The main body of the fishing fleet visiting the Newfoundland waters from Nova Scotia and the other provinces desire bait for their own purposes. It is not to be forgotten that foreign vessels freely obtain bait in ports of New- foundlanfl which may be sold to French vessels as easily as if bought by British vessels. It is a matter for regret that under all the circumstances, Newfoundland has been unwilling to re-consider her position, to the end of removing friction and maintaining the harmony desirable, especially between British colonies. In anticipation of your excellency's government ijeing unable to alter the deter- mination alreidv arrived at as to the proposals of the Newfoundland goverinnent, and in view of tin serious importance of the question to both governments, his lordship the secietary of state for the colonies now suggests that the case should be submitted to the judicial comii.ittee of the privy council, and his lordship states that he has intimated thi'j view to trie government of Newfoundland. The sub-o:;mmttee have dealt with that suggestion in a report dated and approved by jour excellency upon date 21st November, 1891. The ommitttee concurring in the above report recommend that your excellency be moved to trnnsmii a copy of this minute to the right honourable the principal secretary of state for t)i i colonies for the information of Her Majesty's government. All which is resoectfuUy submitted for your excellency's approval. JOHN J. McGEE, Clerk of the Privy Council. No. 136. Copy nf n Report of a Committee of the Honourable the Privy Council, ap^rroved by His Excellency the Governor General in Cmmcil, on the 21st November, ISdl. The committee of the privy council have had under consideration a despatch dated •tth August, 1891, from the right honourable the secretary of state for the colonies, u^quainting your excellency's govei'nment that the government of Newfoundland had declined to accept the opinion of the law officers of the crown to the effect that the action of that government in refusing to issue bait licenses to Canadian fishermen was ultra vires and illegal, and had decided to maintain the prohibition. Lord Knutford's despatch further stated that, should your excellency's government find themselves unable to accept the proposals of the Newfoundland delegates, as contained in the memorandum indicated in the despatch in question, Lord Knutsford had intimated to the government of Newfoundland that as the question was one of serious importance to both govern- ments, it should be submitted to the judicial committee of the privy council, and t».at he had informed them that a joint case stating the facts should be prepared on behalf of the governments of the Dominion and of Newfoundland, and that he would then be S^ 119 I ready to advise Her Majesty to refer such cases to the judicial coniiuittee under section 4 of the Act 3 and 4 William IV, chapter 41. Lord Knutsford further stated that he would be glad to be favoured with the views of your excellency's government on that proposal, and would be pleased to learn that your excellency's government was in com- munication witli the government of Newfoundland with regard to the proposed case. The sub-coinmittee of council to whom the (juestion w■ "*'''"•■'■ "I"- "Pl'li-'i- ("■■ a Keens. (4) Any person convicted of a second or suhse.iueiit offence under tl.U not «1,..1I Safe-; ;t 'wi'z.ulil-rtr-. 4 "^f '"""^^^^^^^^^ .he pu;i"/,s!;™:tSirJlrL';'i''f ""","■•»' ■ "'; ■■"- «•"',■„, three months «^^««din« hve hundred dolhu-s, or to imprisonment not exceedin.- thebSy/eVwIrriSHntlwrl?:^ *'»- "^ P-^' tl^t. party accused p S4 d tS Jet^^^^ '",' '^^P".'-^'^^-"' ^'"^>' --^^t upon th. consi.ent^.r_..,;;r;:^:.^^ .ione^|^tp-;p-eZ^^^^^^^^ -oint speci. commis- three months Th^m^stL Jin v li . \' '"'PT """'''^* ^'•'' '^ t*^"" "'^^ exceeding found, 'may he exami ed on r h bv 1 T? .''"f r"' "^ '''"''', '""^ '•'"* «^^>*^-^ ""^^^ ''« none, ut m.^ pu«.e.ssion, ov on (,oard of such boat or vessel, the purposes for 122 wliicli sufli bait ti.slies arc intended to be used, or as to the place to which the same are intended to l>e conveyed or exported, and upon his refusing to answer, or answering untruly, or failing to produce a license under this act, or having such license, being found to have violated or failed to comply with the provisions thereof, such justice, sub- collector, preventive otHcer, fishery wartlen or commissioner, may seize the boat or vessel on board (»f which such bait fishes shall have been liauled or caught, or put, kept, shipped, carried, conveyed or exported, or on board of which the same may have been found, her tackle, apparel, furniture, and outfit, and the said bait fishes so found as aforesaid, and may hold the same until an adjudication shall have been had upon a complaint in relation to such alleged offence. XVI. In any such case as mentioned in the nexi prececHng section, any officer therein authorized to seize any b« an uie powers, XXIV. The act passed in the fiftieth year of the rei-n of Hci- nresenf \\,;^t.. sSr::nr;r"f > « :^v-^^-8"''^^« ^- -portationTL sa^:r ,.;^'s : siuid and„ther l.a.t fishes," and the act passed in the fifty-first year of the sa id re n h7 JeserSl"''' '' "'r^r! '" "'"'"' '"' '''' P--'' •" ^h« Hftieth ye u- f tl e ; 3 He present Ma esty, entitled ",-n act to regulate the exp.rtation and sule ot' he n'i, not be held to affect any penalty, forfeiture or liability incurred under the sa d act . provisions ot this act for such purpose as the same shall be re.iuired • and anv license ^ued under the author ty of said tcts not so surrendered asL... .s 1 L e r govern;^Iy™;;:d^^^^^^^ ''''''"''''' *^^ ^"^'^ ''^^-^ •^'-" '^ 'pointed by the the i;w j;,T///Ztt"'f ''^'''i^' v^^^ elate 2nd day of April, 1890, and published in tne Jioy^if Go^etM of the island of Newfoundland on the 3rd April 1890 the s'lirl ■.of came into operation on the 8th day of April, 1890. ,•«. J\ ^*? "'' •''"!"* ^^'^ ^^\ '^'^y "^ ^P'""' I'^'^O' the colonial secretary of Xewfoundland . ued certain i,i.tructions for magistrates and customs house officers in relat t Je adoreTcTr :; f" "" T ('^-«*"f ^- -f— 1 to as the Bait Act of 1.89 1 also adopted certain forms of license ; which instructions and forms are as fellows • Bait Act 1889"' ^"^ ^^^i^"''^**^'*' '^"^^''^^^ officers, .tc, in relation to enfor'cement of of hn^.^^^T P™''''"»'-^tion of the governor no exportation or sale or purchase or takin ■■ ""«, free of charge to %essels belon-in- to men fiwlr'^ prosecuting the deep sea fishery ; one to Xewfoundland pmu^fi her^ Sg^^i^tTurlriJdt''"^ '''' '-'' *" '^'^^'^ ^•^^-'■^ - «^'---' -• - ^or cntchlfsl^tfZf"''''''''"^ ^:'\l'''''''' (^^''P' Newfoundland punt fishermen who San the narti^uTaf ^^^^^ ^^^ T'^"^^' '"'^^t make an affidavit setting "Th,-o ffii -.P u ' ?'!"''■«' to be stated in the license. (See Bait Act 1889^ This affidavit niay be made either by the master of the vessel for whid the Hc'ense is forms of ^he" ^l f^'^T' ''l''^'''' «^ *'^^ «^^"«'-' - °" ''^half of the master Sknk :7:,^rTo:T:^::2t:-' ^"^ '^'''''''- ^'^ ^^'-^^^ -^ ^^ ™-i« ^^^-^ You will notice that the licenses have been signed by the colonial secretarv and mrjsrte " "'"'' '^ *'^ P^""" ^^^"'"»^ * '« '^--«' either a customs oSioJ Am^,t;~ ^^^ of one dollar per ton is to be paid by vessels of all nations (French Ameucan and Canadian; eutering the harbours of this colony in quest of bait fishes. ' 124 Ml such foreign vessels shall be restricted to one barrel of bait per ton, and shall »)e co„u.dlLrto tSout a new license and pay such license^ fee as aforesa.d upon each -^•^c;:::! n:^S :;S i:Sd ^1;;^ = S;'?^i« the date of the «rst ""^"Unon LMantin« a license to a foreign vessel you shall notify the customs officers at see that only the quantity named in license is taken aboard. ■ Ur.nsP to hnuf, catch and »eU bait fisim % Ne»lfonnd1nnd M"^^"''''''- Dated at . *'"» "'^ "^ (Signed), ^ * ' of Customs, (Or Stipendiary Magistrate). (Countersigned), ^ ^ Colonial Secretary. The attention of the holder of this license is called to the fdlowing section of the act in relation to the exportation of bait tishes (Act o2 \ ic, cap. 0) .— *'" Lkenle for Newfoundland deep sea fishery to purchase, haul, or take bait tishes for *'' ^SSSg t tS: J^Sons of the act, passed in the 52nd year of the reign^H^r preset MaS' eutitfed "An act to amend and consolidate the laws relating to he Lportation'and sale of bait tishes," Pe-nssion is^liereby given to ^ ^^ ^^^^ mmmsm Dated at , this day of , 1890- ^ ^^^^^ '' of Customs, ^ BOND i^^ Stipendiary Magistrate). Colonial Secretary. (Countersigned), The attention of the holder of this license is called to the following sections of the trate m-a c>5stoms officer, who shall require the applicant m each «'^;. « "J^*^^ ^^^f//, customs officer to report to the governor in council any rerusal ou the part ot .he appl. 125 Hlinll be on each the first rticers ut ted such II second rticers to reign of ?ltvting to ml, ciitcli season. , 1890. igistrate). ion of the fishes, for lurposo of D, shiill be exceeding t tishes for ign of Her ting to the ,of o purchase !sael, to be cod ti-hery ent for the 5aiil fishery exported to e set forth IS, Magistrate). ;ions of the liary magis- iiake before 5, to be set lagistrate or of the .appli- cant to make such aftidftvu, or any hona ,Hdc doubt on the part of such stim.„,Iiarv athdav.t, or of a M.ef <.n his part that su.h hcense is applie,| f,„. fur the puriK.s of evading or dete.tt.ng, or assisting in ev,«li„g .... defeating thJ provisions of his act In 8uch aise It sha 1 be the duty of such stipendiary magistrate ur other ...licer w thho d such license and await further instructions." mter lo w unnoKI Dre8criL'^wfh'''r/'* *'"• 'n'"''-', ''*''"''''' ""'' ''"'"'« "''"^'^ P'-""fl«> «»'«" »^ prescrineu by th Governor in Council. " \ Any person who shall violate any of the provisions of section 1 of this act or of any of the subsections thereof ; or ' ^ ''10. U,se, dispose of or deal with any bait Hshes, otherwise than in accordance sth HcLs::Tr ''' "*'"■'' '"'"^^ "P"" "P''"^"^'"" '''' '^ '•^•--' - with tCe U^t of under this^i'ct'T'"'*'^' statement in any affidavit upon application for a licen.se sentation ?i wM" """"'" "'"'"' ''"' "'*/'^ ""'^"''* ^'^ •*">' ^^^'^^ statement or n.isrepre- eve V Sn 1 / ■'suppression or concealment of any material fact, shall be liable for every offence to a penalty not exceeding one thousand dollars, or i lu.ris.mment for a penod not exceeding twelve month.s. •"•i'Ms.mnieni lor a nn J'^ ^^"y person convicted of a second or sul)sequent ofTeuce under this act shall t^elvrmonZ '"''' '" ""P"'^"'""'^"^ ^^^^ hard labour, for a peri.nl of not less than " 10. In addition to the punishment prescribed by the foregoing section the con- victing magistrate may order the confiscation and sale of the herring, cap n, ' .s uid .^ other bait hshes whih have been sold, purchased, hauled, taken, conveyed o exp Ud nv^lation of the provisions of this act, or the tenns of any license thereunderCof shfn^f "' """""\ "" ^""'"'^ i "^'''^' •^"'''' ^''^ «^»^- «'"'» be found to be u hwfully shipped conveyed or exported and the forfeiture of any license held by the offender the n„rlv:«« /r""""" ' '^'*" '^" T^ ^^""""S" ""^P^'"' '^'l""!. »'• other bait fishes, for the purpose of shipping or putting on board of any ship or vessel, or for the purpo^; of exportation to any person not holding or producing a license under this £tX^\\ be Ihreen^ollths"' —'-««- hundred dollars, tr to imprisonment not exceeding AMdnvit to be mmk by I^ewfoundlnnd Mermen prosecutimj deep sea fishery. Newfoundland, to wit : „ J' , ' •'^, , , make oath and say that I am master of the called tlie that I am desirous of obtaining a license to bait to be used on board the said ve.ssel by the master and crew thereof, in pro.secuting the deep s^ fishery, during the present season. * P Sworn before me at , this day of , 1890. Affidavit to be made by Jhreiyn fishermen. Newfoundland, to wit : ,■ ^\ u ' u*. , .make oath and say that I am desirous of obtaining a license to purchase bait, to be used on board my vessel in prosecuting the Bank fishery during the present season. f b «"«■ u.'»nery, Sworn before me at , this day of , 1890 Know all men by these presents that we (Here imert the names and additions of the J^rson hcemed, and the tu-o securities) are held and firmly b.und to the Honourable oft'oOO eSrr' .^""r: ""r^^* ^5 't i!^^^"'' "^ ^^ewfo'undland, severally i^ he "urn of $1,000 each, to be paid to the said Richard O'Dwyer, his executors and adminis- trators for which payment to be well and truly made we severally bind ourselverai^d each of us, our and each of our executors and administrators, firmlv by thes« pr-«nts Dated this day of 1890. 1S6 The c..nditi.,n of tluH ohliK.iti..i» iH Huch that if the sftul ( Ihr^ xn»^rt th^ nnmeijfth^ r^r^ou ,,. „-h„„ Ur.n.^ ,H.7/v. «/-./; shall in all .•.•sp.cts, c.nply with the terms «f the license nunilMT . K''inte.l to him. dated the day of INtfU, an.l in all .espectn ..onforn, to the provisions of Act .VJ Vietoria entitlejl " An act to H n.l and conKoli.hite the laws relatinK to the exin.rtation and m\e of l>ait fishes , then thin oUlipition to he void, otherwise to remain in full force. Signed, sealed and delivered in presence of License to tishiriL' vessi'ls to purchase liait tisiies. • 4 « (Xam^- ofwu^fn-) of the Hshit.K vessel (i>nm<' of v^hh"! on./ Inunwj,') tons rejtisterof Ouiulorpor'tofm/Utryo/v.'.sef) ImvinK paid t.. the undersiKned/ "<•"./'-»„. ofhcy or %,o{;:,n, ,„o,,M ilh^ ra.' oon, I.) at the p.rt of ( no,„e oj ,nrrt ,rl^rr th. hc.n.^ ;.'/,v,»^v/)the■sun. of (nH,nh<;-of,lollnr. ron;-^,>"»''in;, to uumherot foun o r.Hs.l) dollais. the pri^ile,.. is herel.y K'nu.te.. to sai.l yess..l to enter the '^'^y^ ;"'' .^^>';;;'';7;, J Newfoundland f..r the purchase of (m,n>' ,„n„h,'r oh tonwoj,' 0/ r.„el ) l.a rels ot Dait fishes, and suih (juantity of ice. lines and other supplies as may l>e required. Dated this day of , 1890. CuHtoms Officer. Customs Officer or Magistrate at the port of Cohminl Secretary. N B —This license is to he deliver d to the Customs Officer, constable or officer en«HKC(l in the bait protection service. U^Mtn the receipt of the said Imrrels of bait fishes on board the said vessel, such officer shall mark "cancelled' upon them, and the date of the receipt of said bait fishes. .,-..• *!,„ 4. No proclamation was ever issued purporting to give the said instructions the force of law noi' was any order of the governor in council made m respect thereto. 6 AfTer the coming into force of the sai.l Bait Act of 1889 on the 8th day of April, 1890, and during the fishing season of that year a large number of fishing vessels belonging to subjects of Her Majesty resident in Canada and registered therein were in order that they might pursue their ordinary calling, compelled to procure bait m the ports of Newfoundland and were obliged by the government of Newfoundland and its ITtficers before doing so to obtain licenses under that act and to pay large sums of money therefor, and certain Canadian vessels were seized by the othcers of the govern nent of Newfoundland for alleged breaches of the provisions of the said act in not P'^y'^g '^^ license fee prescribed by the " Instructions ' aforesaid, and numbers of the masters and seamen belonging to such vessels were for the same reason tlned and nnp.isoned. On the 19t!li day of March, 1891, His Excellency Sir J. Terren e O'Brien, the Governor of the island of Newfoundland, issu..t a proclamation in ^^^ ^^ ords and figures following, which proclamation was publishetl in the Boyal Gazette on the 20th March, 1891 :— T. O'Brien, Lieut. Col Governor Proclavintiou. By His Excellency Lieut.-Colonel Sir J. Terrence O'Brien, Knight Commander of the most distinguished Order of St. Michael and St. George, Governor and Commander in Chief, in and over the island of Newfoundland and its dependencies. Whereas by a proclamation of the 2nd of April, A.D. 1890, I gave notice to all to whom it concerned, that from and after the 8th day ..t April of the «ame year the act passed in the fifty second year of the reign of Her present Majesty, entitled An act to amend and consolidate the laws relating to the exportation and sale of bait fishes" should come into operation. _ . , j xu i. ^.u « „^„«, And whereas by the fourth s.ction of the said act it is provided that the gover- nor in coun."5! m.ay, from time to time., by proclamation, suspend or limit the operation of this act, and the issue of li^ n«e. theit^under, in relation to any district or part of 127 h* nam* o/tfts terms of tbe 1890, " An act to Jwit tlshes " ; tons register of mm offici'' '"■ 'if'rf tlif /*'•> iiHi' tiltlK of VHHel) (1 hiirlMiurs of iiuTfls of l)ait I'd. m Officer. Secretary. table or orticer barrels id " upon them, iistractions the t thereto, the 8th day of f fishing vessels (1 therein were, uure bait in the mdland and its sums of money ; govern "iient of not paying the ;he masters and prisoned. oe O'Brien, the ords and figures he 20th March, errence O'Brien, led Order of St. lander in Chief, its dependencies, ave notice to all le same year the ;y, entitled " An ind sale of bait hat the " gover- nit the operation itrict or part of th H colony, or the coasts thereof, an.l for such period an.l in rejalim. f, huI,. an.l exoor- tat on to such phu-es, ,.r or su.h purposes, and in svu-h .,ua,„ities us shall a, r ,'v e- dient and as shall be d.-dured and d.-tir.ed in the pn.clamation "• ' ' ' And whereas under the sai.l act, it is inf-n.!...! to issi,.. ILenses fur the eatehinu sale and purchase of bait ; tanning, And whereas it is ..xiM-dient t., limit the <,uantity of bait that any vessel havinir Ob a led a heense. sl.a I 1. pennitte.1 to take or purchasi. un.ler the sai.l ac . in thi I , v^ or he purpose of the fishery, 1 do. therefore, by this n.y proelanuition. de a t ai no vessel shall be pernutted to take or ,u.rchas. more than eight banvls . f he ,•! „. each dory e.nployed by such ves.sel, or ten barrels of eapli,. f... each dorv en . , ed bv- such ve«sel ..r four barrels of s,uid for ea.l, dory employed bv such ■ ^l S i I . out a new hcen.se no vessel shall be permitte.l to take o,- purchase a further s n Iv f herring bait within a period of eighteen days from the .late of previ.,us ie ... o • caplin or s.pn. bait within a perio.l .,f f..urte,.n .lays fron. the .late of ,"' viuus li.: ,se t«ent^'d:;o?l£s, Aia'^Sor' '^^ ^'" ^'"""'"""^ """^•■- '*• •^"'"- ^'- '-- By his excellency's cominnnd. K. BOND. Co/(»t ill/ Secntiiri). of Kpu-f"^', ""n"'"^"* **'V""'' '.'^ V'« ••■'«"« "^ the .said proclamation the colonial sc-retary of ISewfoundland issue.l certain instructions to magistrates an.l customs house uffi.'en [n ^he V" ^^^«»^r';"'"' "■* ,*''^ ^'"* ^'' "^ ^'^'^''' ^^''i*^'' i'-tructions we"v p d H 1 • folbwiitf-!^ '""' "'""= "'''' *''" '"^'^ P''-^l--^tion, and are in the wor.ls and hIuI.cJ INSTHUCTIONS FOB MACUSTRATES, Cls.uM« OKK.CEHS, ETP,, ,N RELATION' TO ENKORCEMKVT OF "BAIT ACT," 1889. r.t K ^J'tu P"""^'*'""*'"'^ ?* tl"' governor, no exportation or .sale, or purchase or takinir of bait hshes, oi any sort is to be j>ermitted without a license. * Licenses of three s.'.rf ^ will be grunted ; one, free of charge, to ve.ssel8 bekuvdnif t.. ^net N:wf"''' PrT"^>"^'i'!f ^'««P-r «^'"^''>' *" purchase, l,aul or tSe l^ t 7iX, " one to ^ewfoundand punt fishermen free of charge, to catch bait for sale to f. rSn vessel or otherwi.se ; and one, free of charge, to American vessels ,o purchL bak ^ catch for "alertl?! ,;^PP""^*'7.^*"- ''«"^«^« (^^^^P* Newfoundland punt fishermen who catch tor sale), the party applying must make an affidavit st'tting f.., ,1. all the particulars .equired to be stated in the license. (See Bait Act, 1889.) Thi atHdav t m 7y be m,^^ either by the master of the ve.ssel for which the licen.se is a,.plie.| o. ; th?.>w^ie or agent of the owner, or on behalf of the master. Blank forn s of th. ,e affidavits of each sort .ore furnished. The affidavit may 1. „,ade l.fore a mag.strate or I customs ofl?"r tko. '".T T'*'"? *^*^^*^^^•*'^"'^' '^'^''^ '^^^n "'Sned by the colonial secretary ami tZZl ''^"'^ ''^ '^' P^"^""^ '^''""^S the license%ither a customs ofiic?,' ."a vessek^iidTf "^'*" l>e granted except to Newfoundland and Unite.1 States fi.shinir vessels, and before granting such license the customs officer or magistrate shall reouirf tL^eT uid^t' ''" ^^f^.r^r- - *'- ^- of Newfoundland vessels, Zt the case ot Lmted St^iies vessels the clearance papera from the American custt^ms All vessels shall be restricted to eight barrels of herring per dory ; to ten barrels of caphn per dorv. and to fmir hnrr-l" of -T-id -v.- -1-t^- - i ' m • ^ •, , oarreis ot _ -„.„ r- ", -j-Ji. 1.- -n ™-],,ia pe: dur}, and siiaii oe compeiied to takeout * new licence upon each entry into any port in this colony. 128 A second license to purchase or take herring bait shall not be granted within eighteen days from the date of the previous license, and a second license to purchase or take caplin or squid bait shall not be granted within fourteen days from the date of the previous license. Upon granting a license to an American vessel, you shall notify the customs officers at all the other ports of entry, by telegram or letter, that you granted such license, stating date of issue, so as to prevent such vessel from obtaining a second license within the period above stated. In the case of a vessel taking bait at your port, you will see that only the quantity named in the license is taken aboard. If a vessel is found supplying bait in contravention of the provisions of this act, the license of said vessel shall be forfeited forthwith. No American vessel is to be permitted to leave the port where she has baited unless the bait purchased has been iced down. R. BOND, Colonial Secretary. Secretary's Office, 20th March, 1891. 8. No proclamation was ever issued purporting to give the said " instructions " last mentioned the force of law, nor was any order of the governor in council made in respect thereto. 9. During the whole fishing season of 1891, all fishing vessels registered in or owned by Her Majesty's subjects resident in Canada have been denied the right or privilege of obtaining the license provided for ^ by the Bait Act of 1889 although the owners and masters of such vessels have been willing to conform to all of its provisions, such refusal being based upon that portion of the instructions above mentioned which provides that no license under the said act shall be granted except to the fishing vessels of Newfoundland and the United States of America, and all Canadian vessels have been precluded from obtaining bait in the island of Newfoundland. 10. By reason of the above action, great loss and damage has been inflicted upon many of Her Majesty's subjects in Canada engaged in the fisheries on the banks of Newfoundland and in the gulf of the St. Lawrence. 11. The government of Canada remonstrated with the government of Newfound- land on behalf of the citizens of Canada who are engaged in the business of the fisheries in regard to the action of the latter government in compelling 'Canadian fishing vessels in the year 1890 to take out licenses and to pay fees therefor, and to its refusal in the year 1891 to issue any licenses to Canadian fishing vessels for the purposes mentioned in section 2 of the Bait Act of 1889 and to the prohibition against Canadian vessels pro- curing bait as aforesaid. 1 2. The government of Canada contends as follows : — (a) The instructions of 1890 are illegal, and not in accordance with the provisions of the Bait Act, in so far as they impose any license fee or the license fee therein mentioned, upon Canadian vessels entering the harbours of Newfoundland in quest of bait fishes, and that the act gives no authority to the government of Newfoundland to impose the payment of any money as a condition to the obtaining of a license. {b) As regards the instructions abo%'e mentioned issued on the 20th March, 1891, they are illegal in so far as they deny to Canadian vessels the right of obtaining licenses under the Bait Act. (e) Under a proper construction of the act in question every Canadian fishing vessel and every British fishing vessel is entitled to a license thereunder upon complying with sections 5, 6 and 7 of the act, and of any regulations which may be lawfully made there- under, the discrimination under the instructions of 1891, in favour of United States vessels and against Canadian vessels, being unauthorized. {d) Even if a license fee may be legally imposed under the said act upon Canadian fishing vessels inasmuch as no proclamation has ever been issued by the governor ' in 129 vithin eighteen e or take caplin t the previous Listoms officers 1 such license, license within y the quantity of this act, the s baited unless Secretary. ■eh, 1891. auctions " last lade in respect ^istered in or 1 the right or although the its provisions, itioned which fishing vessels sols have been inflicted upon the banks of jf Newfound- f the fisheries Sshing vessels ■efusal in the ies mentioned xi vessels pro- ! provisions of in mentioned, f bait fishes, 0 impose the tfarch, 1891, ining licenses fishing vessel mplying with y made there- nited States on Canadian governor in 1.1 The (luestion which is hereby referred to fl,« ;.. r • ' counc 1 for hearing and deiermin«tio'[irarionows !!''''' '"'"'"*"^*' °^ *'>« P"vy Are the contentions of the government of P..'r.i..i„ i No. 137. Commander Wake.iam, OnKyyx, 30th November, 1891. Gaspe Basin, P.Q. duti J^'E-fj:-^^f-;J-^ the^^ ^^^^^ ,^ herring on the Newfoundlaml coast I shm.l^ . \"?^' 7'''^' '"'"'» *^*^hi»g for particulars of a case you ded ^me in cLt 'T^" °V'«''' '^ ^^^ would givf the gone to Newfoundland one seaslpaWdutSil^ ''' ^^"^^ ^"^-el had tnp of herring, and that returning ?l?efoEn™^^^^^ '^"\^'"'-/ *° ?«* the ^^ ag.n chafed on them, though on ::^£:- o^lc^f haT^i^^^Un'' -l!^ the cS:r £.;:.:;'Ktr?S""'"'^' '^^ ' "^^^"^ *« «'- l^^^^-ty to the facts of I am, sir, your obedient servant, Commamler of the Fisheriesyrotect\l?Jlv,^Z\ No. 138. Hon. McKenzie Bowell, Ottawa, 1st December, 1891. Minister of Customs. of ^^:^ S"i^ ^r\r^:^i^^^\ ^^-t- 'f^- ^"- ^ «-. paying the customs duty. I have told them tSr m ?"•"" -V^^'f«"'«lland without to your attention. ^ " **'^'" ^''^^ I would brnig this phase of the matter Youi-s faithfully, CHARLES H. TUPPER. [Encloaure 1 in No. 138.] The Honourable ^-..f t^ \ .. After obtaining the alleged ni-oinwp <.f »i;.. n ti, i ^ c- . , . The committee appreciate that this course of action has been .,nr.„,.,l l.v fl n '^^^^p^';^::s^,s::^^ .'■" with the United States whin Z„r7 \ ' •'''^" "^gotiations were entered u,>on enced by a desire to foster a friendlv . I Canadian governme.it is in any way influ- colony or for tl e i- te^st a^d S . f/ ?!f "'' '^•"!''»"V« *" ^he advancement of this comndttee is mos m 5 li, dv o S J'. " "Tlf ' ''"*', "l^*^" '^'' "^^er hand, the government is Sely iSd bv sek}?n''7'' "* 'I'u ^■""^'"^i"" t^'^* tJie Canadian of «io„-x72;;'2"r^tu.iot"jL's'sr '"'° '*' ""°''«°" »' ■' »- thei,,terSSrftl^g°X„vL„LT^^^^^ " " « «»"i..oe,l that positio,, it haS t«ta, °°°''"'"'' ''J" '" ™de„vou,i„g t„ „,„i„t,u„ the 134 ..JniJi'^ committee desire that his excellency the governor will transmit a copy of this minute to the right honourable the secretary of state for the colonies Correct copy of minute passed by coHmiittee of the executive council. December 24th, 1891. R. BOND, C. C. "1 No. 146. St. Johns, Newfoundland, 2nd January, 1892. Hon. C. H. TUPPER, Ottawa. T ...?f1^ ^'"" ^"''''^"'T^ wrote you a few lines last week to the effect that as far as I could discover no actual permission had been given by our government to the Ameri- cans to hsh in our waters. Recent developments have furnished good reason for concluding not only that such permission has been granted, but that it has been done in such a way as to assist the Americans in defrauding their own revenue, in working injustice (or at least inequality), as between the Americans themselves, and an injury to our hshermen. I send herewith a copy of our Evening Herald (Opposition) containing an account of the developments I refer to, and some comment thereon. ^ Ihere IS considerable public indignation here on account of these revelations, and altogether thmk that Mr. Bond's anti-Canadian and pro-American vagaries arTworkIng out their own condemnation. * aiowuiKuig n,-J^% (1"'"''^' ''^°"* " fortnight ago, devoted several articles to denunciation of the action of the government towards Canada in the matter of the herring fishery, and I believe with much effect upon public opinion, which I think is now all but unanimous against the government upon this question. uimuimous Wishing you the compliments of tiic season. Yours sincerely, J. S. WINr,R. No. 147. Sir James Winter, K.C.M.G., St. Johns, Newfoundland. - Ottawa, 9th January, 1892, „nv ^^^•'«.''^'«/^«'=s W^iNTER,_Many thanks for yours of the 2nd - stant. Have you any ob,ee ion to my reporting to the British government upon the inshore fisheries of Newfoundland and incidentally mentioning your name in connection with the subject as an authority, to corroborate the statement in the Eveniny Herald, a copy of which you were good enough to send me. .y , « i-upy oi wnicn Reciprocating your compliments for the season— and with kind regards, I am, dear Sir James Winter, Yours faithfully, CHARLES H. TUPPER. \Circular.'\ No. 148. Draft of circular to collectors of customs. The Collector of Customs, at Department of Fisheries, Ottawa, 22nd January, 1892. ^^^cHarlhJ^hJ^^ T \ V^^^^^^ being advised that the exaction by the N ewfoundland government from Canadian fishermen of fees for licenses or t"i fi'T ^""^ ^''"' ^^^^ ^^^ '"'«"^' '''^''^^ ^"^ **^^ '*«P« ^ '■«^°^«'- *hem 13S b a copy of this ■ ^- ^- 1 W ary, 1892. that as far as to the Ameri- lotl reason for las been done e, in working ic] an injury to )n) containing velations, and es are working iciation of the lishery, and I ut unanimous 'TNT\R. ry, 1892. t. Have you e fisheries of h the subject 3opy of which Is, JPPER. y, 1892. sed that the s for licenses recover them I enclose you herewith a supply of forms which are to be filled up with the neces-sary information to enable action for recovery of the fees. »«.-es.saiy You will please distribute these forms among any parties who to your knowledcre may have paid such fees, or deliver to parties applying to you for them Tn ac^oSe with the notice published in the newspapers. v^v»i«uji.c I am, sir, Your obedient servant, S. P. BAUSET, Arfiuf/ D"itHty Minister of Fisheries. [EncloBiire 1 in No. 148.] Statement showing License Fees exacted by the Newfoundland Government from Canadian fishing vessels during 1890, for licenses to purchase bait, Ac. i>aineof Owner or Per- SOHH contributing Liw-nse Fee. Address of Owners. Name of Master. Name of Vessel, Amount Paid. cts, Tn whom Paid. Date when Paid. Name of Port where .License obtained. [Enclosure 2 in No. 148]. NOTICE TO BANK FISHERMEN. Department of Fisheries, Ottawa, 25th January, 1892. The undersigned has been advised that the exaction of license fees from Canadian fashernien by the government of Newfoundland during the fishing season of 1890 was illega , and he intends to take such proceedings as are available to obtain redres on their behalf tor this purpose he respectfully requests that the owners or masters of aU fishing vessels from whom license fees have been collected would place themselves iL immediate communication with the nearest collector of customs and give him such fuU particulars of the matter as they can. CHARLES H. TUPPER, Minister of Marine and Fisheries. [Enclosure 3 in No. 148.] Ottawa, 27th January, 1892. „,v,. ^'"'tJ. '^^ewith send you a form for the purpose of obtaining a statement of the ^^^^^^oitheieeB etc.,yon^K^A to the Newfoundland government during the year 1890 for licenses to purchase bait, ic, for your fishing vessel, and I have to request you to be QTood enough to fill up this form and sign the authority printed on the back of ,. The honoumble the minister of marine and fisheries being advised that the exac- tKhermen ^ '" question was illegal, intends to take steps to recover them back for I am, sir. Your obedient servant, S. P. BAUSET, Actimj Deputy Minister of Fisheries. 136 No. 149. Depart.mext of Fi.siieries, Mr. Robert Heo.kw.ck, Q.C, ^"'""^^' ""*'' ''''""'*•'>'' ^^»-- Deputy Jriiiistoi' of Justito, Ottawa. fiiv l^H''\vtt'o^ljfT^^^^ '?•/""; f'""'' "* '-^''^ instant, refeniuK to the opinion of xlvi .1 ' • *'"' '''"'!''*^' '■'* "'^ exaction of license fees from Canadians l,y tl.e Newfoundland authorities, and .suK^estin^^ certain action preparatory to takin.^ steps to recover such tees, I have to co.nn.unicate to you the app oval ot^he honm.S the minister of marine and fisheries of such suggestion. -luuiaoie tne The notice has heen ..rdered to he pul)lished in newspapers in Nova Scotia New Brunswick, Prince Edward Island and (.^uehec, and varioui collectors of!.;,n7s7n those provinces have l.een written to and supplied with forms t.. l,e filled up «f.fi" t/'« n\^'»"time I may say that this department has received the following statements ot fees paid, direct from the parties interested. ^ I>yron Hines — managing owner. 1. .Schooner "Byron," fees fio(]i OO -'. do " Maria," fees '. ■.■.■;.'. '" "y., qq 3. do " Roseneath," fees .' " ' " ' " g.T qo Jeremiah (Jayton— managing owner. 4. .Schooner "Circassian," 4 licenses aggregating 193 00 •James Belli veau -master. o. Schooner "Hazel (Jlen," fees Qt- ,)a Capt. Will. Smith -master. 6. Schooner " Vanilla," (per John St. Ritcey), .1 licenses aggregating l -^n nn Capt^D. E. Keinhardt-master. 7. Schooner "Cashier," .3 licenses aggregating 100 00 Ephraim Rafuse— master. 8. Schooner "Lattie," 2 licenses aggregating Ofi 00 Reuben Ritcey— master. 9. Sch(joner "Stella E," 5 licen.ses aggregating 189 00 .Simon Parks— master. r»K l^\ '"^clKioner " Ceto," 4 licenses aggregating 159 00 Ubadiah Deal— master. 11. Schooner " Venezeula," 4 licenses aggretratin", lo9 00 James Creaser— master. ° » Jf oo xj t ^x^ f,'^''"""*''' " Pui'itan," 5 licenses aggregating 83 00 Jl. it N. B. Lewis — owners. 13. Schooner « Georgiana," fees ggregating 040 qo barker, Eakins & Co. — owners. ^14. Schooner " Opal," 3 lictases aggregating 3.") 00 A. F. Stonenian & Co. — owners. 1.5. Schooner " Wapite," ftcs 169 00 16. do " Wide-awake," fees .........! .' . . 65 00 With the exception of the schooners " Circassian " and " Hazel Glen," all of these vessels are included in the list (copy herewith) supplied by Collector Moody, 'of Yarmouth! JN.te , although in some cases the amounts entered in Mr. Moody's list differ from those in the statements sent direct by the parties. fj,« Jff^ '-egular forms as suggested by your department, have, howe^■er, been sent to Pndnfr *"':!'*'? ^7*l\t'ie request that they should be filled up, and the autho ity endorsed upon the back, signed. auuuumy is lik^efv ^;^''7''^^^'*', *'f '"i'f *"' °^ "^•■"'' '''''^ ^'^'^''^' '' «* °P""«'^ th^t, as some time 18 hkely to elapse before these statements can he ret -ned, the cases of schooners 187 EH, ary, 1892. tlu' oi)iniou of rimdiaiis by tlie (iking steps to loiiounible tlie a Scotia, New of customs in "P- the following 4 00 •2 00 2 00 3 00 r 00 ) 00 ) 00 i 00 I 00 ' 00 ' 00 00 00 00 00 00 " all of these )f Yarmouth, jr from those been sent to he authority as some time of schooners "Vanilla" (6), "Cashier" (7), "Stella E " (9) " Ceto " (\n\ »v i -- /,,v I return the hie No. 526 of 1892, tisheries. ^ ' I have the honour to be, sir, Your obedient servant, S. P. iiAl'SET, Actiui/ Dfjiiifi/ MhiiMfi- of Fishrrifn. No. 160. Hon. C. H. TUPPKK, Montheal, 1st February, 1892. Minister of Marine and Fisheries, Ottawa. all H,; V, ^x.* "" ^'■'•'"*">' ""''"'^ '•'^'' ^'ewfoun.lland is to t'rv and make t^^^^ !;;;Sd ;h/^2Sr^:t;t -- -^'-"" --• - -^^^^^^ and J:^p.;;:;;nS-:' ' i^s;^,;;;;;'^"? tS' c.r;?T :S' ^; -x trade relations, and quite unexpecte.lly found that a sisTer colon^v ^xs in enL ^ he nrtuence to stop .t altogether. A colony that had always shown her tl e "rea "t fee d liness and with whon, it was hoped by ,uany on this side, and by n. t a f w n \ w foundland, that some day there might be a union * Supposing Canada was on tlie point of closing an advantageous treaty with Chin^i how would you like it if Australia steppe.l in and prevented "it ? Xn t.Npoii; i:;;s;:s:nf srjri'S: "-" ^•'"■""■" " ^' '"-"-"■■' i-^^^ W hen you state that Ihe feeling aguiiiKt Cnacl,, i> in the minds „f a veiv fe>v we are soriy to ,ay that thi, is certainly not co,-ml.a„ted hv tael«, nor by , eAo ■,] i'.se,^ ration, esixscinlly snice these tliHiculties linve arisen ' 'i 'J IHisonal ..Osei- custome.-, which natu.-ally belongs to her, although, no doubt, you ini< 'ht say we 4,1 'e ::;S'ii'".^t^fjj:t;;^iy:!' "^^-^^ '"' ^^"^""^^^ -^^'^ ^'- -— -^ tn. two to f.ftClt ^,r^^^"'"^'^^ "ff^r to «o'"e into confederation to-morrow, you would have to tackle the trench shore question, and why not get your hand in now,\and help ah i' gr vanfe whlTh;?7''r'ftn' "' ''''''""' ^^'^ ' ^ arm's length ? ' Can;:^rha a vi the smu. dit of"! *• ^'f'',' "' ^r*' '^ ""* S'-^^*^'-' ^»'*"' Newfoundland, VIZ., the smuggling of liquors on the lower St. Lawrence. Why not combine these questions, and get at the root of the matter ? ^ comoine tnese As for prohibiting Canadians from supplying bait to St. Pierre it is nrettv well t3e 1 la? -t'w" m1 "" ^ -/;:*-*- Newfoundlanders wl'io' undeiKS Thi fn?,. ii 1 . "" "^ ''f "° hardship on Canadian fishermen, but will help New- foundland to compete with the bounty-fed French fishermen. The NewfounXnd cTov- ernment ha.s a commissioner on the island of St. Pierre to .letoct any ^>wfoundhnd cratt that manages to get past the police boats, but they have no powerto Zceed against any fishermen that bring bait from Canadian ports ^ ^ 138 erouH manner ? Are vo unii.w . » . , 3"^» ^^'"'"K *" fP'it this matter in a «en- HKree to alloJ ctZC « m, ! S tt'n.'^f^'"'^' "'f'?"^' '^ Newfoun.llan.l 'LiU n.en ? If so, the «<« ^it is h leh« Ih f y''«««« ."^■^•'''•'J-*' ^ United States fisher- will the solution be? for as I hat i^tte^ longer you leave it the harder legislation in Newfoundland unless the ein!*' """ '' ''"'''1 probability of further reading this, pleaso ren^erbe^irt Tan. look n^f ^"n^^^'l "* '^ «^"lement. When tity of Newfoundland fis consume<1 Tn cln^. 1 Canadian interests. The ^ian- has a large market that her fiTermi ' /^''y «'«!^". ^'"1" the Unitetl States 1'x.ks to ?he United States "'" '"^P'^- ^^" *^'^* Newfoumlland naturally needS^bS^LKL:2'tS::;i^X t^ matter Yo„. fishermen felt keenly the millers are losing a larJe^Zo nt „! I .? ■*•' "* *^^' '"« ''*'''"»« *^''' ^'"te''- Your Your humble servant, W. A. MUNN. should come to sl 1^"'" '".'f ''' *^""* ^""^^ ^•^'- between the two colonies You or ttl exceptions '-'"''"^ "^^ ""'"^ ""'' '"^••^•^»*'''' ^™'« ^^^Jk about CanadT, with^ne theu;s t;:s^:;srri!Lr;^^:x^^,,^'^-^'^-^ what win be W. A. MUNN. No. 151. Department of Flsiieries, S. P. Bauset, Esq., "' PROTECTION SERVICE, Gaspe, 2nd February, 1892. Acting Deputy Minister of Fisheries, Ottawa. emme„t (A "»—) " the ™W JT J ' °lf"''f °' "" Newfoundland Oov. Ix>ndc.n, wSrtothTJ^tl about tJf"ff-' ''\""'' go^^'-"™^"*. A. W. Harvey, in wiltully orforlant of bX Srr^aL T' ™^^? '*''°' ^f^ "•"''""^^^^ statements, Newfoundland vesselffishint' ncZT' T "°* I'^^T"^ *^ ^^^^^ ''^ ^^e number of Newfoundland vessel which you sawfn P ""T"' ^«»'^»/«" ^^^ '«« the number of number of Newfoundland crews wS Z^F^'"":t^V'^'' ^l^'^^^ ^^'"^ ''"^^^' ^^th the ment in the ha,X of the editor of nf ""' ^^ 'i^'"' '" '^^^ ^ ''o"'^ put this state- settled so that fric^J^tetts ly^I rvSed,'^;.^"^^"^ *^ '^'^^^ *^^^ *-"^>«» 189 lat Newfourid- ility, I would itter in a gen- 'oundland will States fisher- > it the harder lity of furtiier ineiit. When <• The c/jan- ^nited States and naturally elt keenly the 'inter. Your landers think Br, and I will lur best exer- VIUNN. •cm business lonies. You da, with one vhat will be lUNN. ', 1892. enny Bros., vessels that r. Penny to idland Gov- e fishing in •oom on He th Canada, me are : — Harvey, in statements, number of number of 1, with the this state- lis trouble I know that many Newfoundlan.I people are with us in the pres.-nt dispute but of TordVp^nmen"';""^"'* ''" n.i..uuai.,n here asked for. I shoulcfhavo the pS "*' iission so I have the honour to be, sir, your obedient servant, W. WAKEHAM. No. 162. \_Lord Knuts/ord to Lord Stanley of Preston. Dow.viNG Street, 11 tl. February, 1892. Uovernor General, A'c, A'c, itc. 303 al^l ^TniVl 'Zr v^ ^''T" *" "^'^""^l^dge the receipt of your despatches Nos. Newfoidhi^ . ^^*Vr""^"''' "%*'*" '"•'•'^''* "^ *''« '^^"««1 ^^ '•'« government of JNewtoundland to issue bait licenses to Canadian fishermen. In reply I have to transmit U, you, for the consideration of your ministers conies o correspondence with the governor of Newfoundland and with Mr. Ha v^y a member of that government who is at present in this country, lx,th on the above mentionS America '"''^P^''*'"^' ^^'^ convention between Newfoundland and the United States of o I our ^i,i7 7^'rr^ ^"^ '^' ''^T^''^ ^''^' ^'''''''' to Canadians is the Opposition of your ministers to the signature of that convention, the conclusion of whi.-h Her Majesty 8 government have postponed in consequence of that opposition. tn h« 1 ' ^'''^^,'■'l\}^^l^>'i^^^yygo^■evr^ment have, in view of the negotiations about to be commenced at AVashington, informed the Newfoundland government that the con- clusion of the convention must be again deferred, they feel that in justice to that colony they cannot postpone the ratifacation indefinitely, aiul should your ministers not su..eed in obtaining a satisfactory arrangement with the United States, the attitude of Her reconsidereS'''^™"^''* "" '^^''"^ ^'^ *^^ signature of the convention will have to be „nrl ir ^^^ '"^,7*'™^' '" ^[«^^ i the deplorable results accruing teth to the Dominion and Newfoundlaml from the relations at present subsisting, T would venture to urge lnZ.l "P°" y""%"'"'f^'"', ^"^ 'r^'^""'^ '''^^^^'^' ^y P«'-''«°'^' .ommunication with the government of Newfoundland and a mutual agreement not to further discuss past con- troversies, some amicable arrangement cannot be made. Apart from the material loss to both colonies involved in the obstacles which have been placed in the way of their commercial intercourse and development, a prolongation blfll/^K^" r"f f •''*^°"' '-'■■'"""* ^^" *° P'-^duce an estrangement of feeling ^llHon« . h-^vf°P», n *^^ ^r ''''^"^''' ^^''^ """y ««"^'"«ly e"d'^n««'- the friendly relations which should exist between the diflferent possessions of the crown, a result which 1 am confident your ministers would deplore no less than Her Majesty's government. ' •' •' r». /■ '''\" ""'y •'"''* ^^"^ if representatives of the Dominion and Newfoundland were to ,W T K iiT ,7 "T'^ "^'f ^"" P'^'^^'"^ *« '^^'"^ ^ ^ conclusion on the points at issi^, I should g adly welcome their arrival and give my good offices with the object of devising some settlement which might \>e accepted as satisfactory by both parties. I have, etc., KNUTSFORD. "^ 140 Governor, «ir Torronce (J'Hrien, K.C.M.n tKiielimur* J in N„, laa.] Lnrd Knnt>,fo)-d to Sir T. 0/lrini. DowNiN,, Mtueet. llth FehruHry, 1n02. wl.y they cl....lin.. ,., „. i.. p,' I C .""::' o irirrS"" ?;•"-", ^'''^-K ti... r.H^.„: Ji^K -"-*' - - '- ' -'^^^ '^^''^^-i.^;; '"^;'i;^i::;;fe.i;;;l;::'Hz;;;;:;^;:f cut„.n„f tlHM..,nv,.nti„n„i,|.*;i„. l'„i,;,l si;;;;,'^ '" '"^^ "I"'" "'-""K..tl„.rntiti. ''^^>"^ip'j'^^^^^ ^"-"T. -.1 I... afterwards ful con^iller^S;;?,;;.;!'!:;'';;";*/';;;:;;^;;;;' ^f '•• H-v.7'« .-ep-^HentHtions their ,.,.., .are. iMont at the present tin.,.! as t /e rea , /s' dlT''^''''; •",""•'' "'r "''^''^•^ "^ >-""'' K-ern- cW .si..n the ..uestion of the ": 1 , f x udit •"'"■>•' ^"""'"'"-'^ •"• »" '^"Im.it f.-r exelusi.-n which Ifer Araj.., y s ,:^,v . , /e, t" T V'"^ *'■""' »"•-"'••"« '«"»- '^ they are advised, a distinct l.reachV, ^ iu In ' ''"'T'",'"' ''?'' " ''i^-'' ""'^titutes, as meeting the wishes .,f your n.inis er ami .V " m"'"'" '""''-•"'»^- '" ^1- way of of Her Majesty's govemn.en ?;;' . t "t '" r''''^"""^' '•-'-' for .he decision convention. '*" *'" ^'" l"'''^'^»t any action with regard to the acauseof n.uch -gret ^irS'M,;;;^^:^!':;^!;™* ^""''''""^^ ^^•'•'^" '-^ '-- between N|.S;j,Cl;:i\,;;Ci:!;;i; ,ttr"''""^'^'"" "^ —•-•'' '"^ercourse so to Newfoundland as the tr Lie ,7 tr "u ' 1 "" "'T^'' V '^^•^''' ''"^ ^'^P^^'^Jly Its total connnerce, while it for less t\L "^' '"•"' ^'""'^'" *'"•"'« "'"'^ t"' "''th of . These injurious resu Is .^e "h • hlL^r^r"*' 1 ^'^^?^---' ^-''^ of Canada appears fron. the telegraphic nu^s^a^fl tpe^^^r^^^^ ''''' ^^ Xewfoun.Uand as in my despatch No. 1l> of the 4th instan m ir i? V""^ ^''>' f<"'^^'"'ilffl to you that they should endeavour l.y er^S ^'•■"".'Kly ".'ge upon your nunisJers and a nu.tual agreement not\ disc m ^e "t-^^^ ' * " govenunent ■•vrmngenient in the interest of hot), colonies ''''^''''^'''^'* ^o arrive at son.e an.icable Don,- .•.;!; uS;X.SeSf ?^ :i:mJz. n i' ''r ^t-'- ^^--^ «^ t.. this country armed with full powers 00^/ ^ewfouncdand were to meet in should gladly welcon.e their arr ^a a ] - i e n,v .'' 'j*^"^'"'*''^" "" ^''^ Points at issue, I -ne settlement which n.ight he ^:^:^^:::::ii^:f^;]:s!'^^''' '' "---'^ I^have. A-c, KNUTSFORD. * [Enelasurt' 2 in \o. 152.] \^A. ]r. J/an-ey, Esq., to Lord Knntsford H6TEL Ml^THOPOLE, Lo.VDO.v, 7th January, 1892. The Right Honourable Lord Knutsford, G.C.M.G., '^^- A'f. etc. " '' ' "^^^ forwarded a memorandum of 141 iry, lH't2. Ii N'«>. 117, of iij; the rr'asoiis coinmittt'c (if islii'iincM tiDiii t Mr. Hnrvcy ir«e the mtiti- he afterwnctls H'irnitjst cfti-e- ' yi)iiigov(.|n. I to (letV the "I ill I't'f using to siilnnit for liiiK liuit, nil oii>titut<'s, (IS I tlif way of the (lecifsion ■eyiird to tlie ■inltittcr the fli has l)t'en I iiitt'i-coursf lit e.sj)ecially no fourth oi if of Canada. lUiidlaiKl as riled to you ur iiiinisters governinent lie amicable leral of the • to meet in > at i.ssue, I of devising OHD. * (Vi-Kument, in eoiise(|ueiift< of her . ent.s with foreign governments, 'ing colonies to enter into mich 1892. iew I had andum of the po nts, showing the .leH.rah.l.tv of a very early ratiHcation of the Newfoundland I ni ed States convention.l.ut I sliould like to supplement that n.e.noran I m 1 v w wonls mostly ansmg out of what your lordship saill on that .veaHion " I have since examined the c. .unication from the governor of I'.ince Kdwanl I.lamlsul,se.,uently approved l.y ,he Ih.ke of Muckingltuu. colonial mi st'.. quoted l.y the (Canadian Ko^ernment as a reason why the present conve, i . s'ho lot receive the necessary contirmation i,y Mer Majesty's government • but I vent link w:.atever weight is due Mich a memorandum wAtte'n as far Ilk '"s H.s i h Prince Ldward Island, without consulting with or having the assent of He r Maj . J'h Kovernmen intended to enter into a treaty with the I'nited States. TheK, stances of the present convention are entirely dillerent In this the nel/l. i ■ opened with theappn.val and assent of Mer Majesty's gov. ':,.': .^hTm " y" ambassador at W ashnigton, ami the convention is forwar.led to Ifei Ma est , troV eminent by that ambassador. .>ia|(.stj s gov- The positions are by no means analog! us. In any case, Canada cannot make u.sfc of any sue!; practice since that time of making sepaiv te rrang^'> and her solemn a.ssertion of the right oi •«. |r guvc arrangements. [ woul.l also point out that in lH71 Canaua mmle arrangen.ents under which tho U ashing ..n .-eaty was concluded without Newfoundland beiuH m any way c'n 1, I dctt T , l" '"'""'.1^ "Ti""' '^'■\ '"'"'y "' ^'"^^ *'"'"' ^•«-foundlaml wou II I , e done so. Total y reganlie.ss ot her wishes or interests, that treaty was conclud.MJ t is .,u, e true that it was provided that Newfoun.llan.l coul.l make tJie sain, .,;..,. nt with the United States if she chose, but by this treaty one eolony C a a ie:S s t were, t ,e hsher.es on her coast, which, according to the theon' now prop..u I ■.! I v Canada belong e.pmlly to all other British colonies, and therefore to N ^ / without consulting NewfoundlamI in any way whatever. As T have sai.l ,.1. i terms on which Canada opened her HsheJies t^tlie Unite,, ^tl t ^.^ h :" i. m acceded to by New on.ulland had Newfoundland been a free agent at that i ; a iVi was o,.ly he tact that under that treaty Canadians couhl have caught fish on ale coasts and in al the rivers of NewfoumllamI a.ul taken them into tlm State duty free while Newtoundlan, would have been excluded, and thus as far as the Uni "/?;t Ue^ trade was concrned our population would have been obliged to look on idle esT while the Canadians appropriated Newfoun.Uand fish and^tnule alike- 1 uu 1 "d Newtoundlaml to ava, herself of the clause by which she had the option of c mi nt hat arrangement. This shows that the one colony practically gave avv^ the H h^- ."^ not only on her own coast, but on that of another, anrl with.nit consultiV^ that ther' and entirely against her wish. "'i^o., uiat ouner, This state of affairs is carefully guarded against in the United States-Nevv foundlnnd convention. It is the produce of Newfoundland waters alone that woul.ib/.uhniued v., 7^ ^n"™, ^l""' *^*' '"Tf"* couyentTun does not in any way affect the fisheries of New oundland, but even did it do so a perfect precedent is established by tl e way n which the treaty of 1871 was concluded. ^ ^ "^ It would seem that the delay in dealing with the convention is to see whether o'llfjUtlc^^^^^^^^^ "' arrangement with the United States in which Ne.foundllnd nbl. T'l'l'^ ^T °^ '" arrangement? It cannot \ye supposed that any one more favour- able to the cdonies can be made by Canada than that agreed to 1 .y Mil ChanibJrla n ml Sir Charles Tupper in 1888. for that was so much so that it was glUu c^e «! y Canada but rejected by the United States as too favourable to Canadian interns ^ If any sort of arrangement is come to between Canada and the United States it would appear from the forecroiiiff that it will be more f.-oumb!- - fi r • j f ' and less so to Canada, than Mr.' Chamberlai"n'.s *-"'«''^'>J- >■- tl.u Lnued Stales, I i , ; .Klered quite , g^ b.rg.i„'Z X ii^^"*? ' r.," *'"' """^'" '««« ™ ""- vantogeous to Newfoundland! "'""'«». "O" "" ""e present convention be disad- Newfoui'SraSe't S r/aslh"'^ '^ ""^ *^^^ P^*-' '* <=- -arcely expect that she will continue to ask h^^ 1^ "ntreT; ^th^"'^r P"^"^*' ^"* --' -P dinated to those of a neighbouring colony " '"''"''' '"^^ ^' "« l««ger subor- I have, etc., A. W. HARVEY, "n ■ . -_/ [Enclosure 3 in No. 152.] Sir Terrence O'Brien to Lord Knutrford. (Received January 1.5th, 1892.) GOVERNMKXT HoUSE, St. JoHNS, My LoRD,-I have the honour to forw,.r^ * ^ • . ^^''*'"^'^«»' 28th, 1891. of my council on your lordsbyrd spltcLs N^!^f^'' ^^^^^^^ October last, stating that they obiSnfvl .• ^""^ ^^' °^ ^^^ August and ogtu Canad,ansbei .bUedto^rdtS^^^^^^^ supply of tit ifS -. J. can assure vou mv lm.ri *i, i ^_fjiiv_y council. necessity of maintaining'frMyrekt^^^^ '^"^^ than myself to the neighbour or has strive^, mo^e t^owart this e^^^^^ ^"'^ '^"^ ^*« -«•- P«-erful srong feejing existing both in the goverlent^^^^^ however, been met by the bp ;»,'''?? "'^^ ^^th' r """St say, I con" derablP^hn 7 """ influential section of the been the Dominion that has but Ld NewfoSandT t '''^'•'"' ^^'^^ ^"^ *h« P'^^* i* has Jref'u Iv'^'"''"' **^,\*^ ^'^ ^"t^'-^sts, thfgToundstr which^Tr'"P°^^^""^^^^^ are fully traversed by the enclosed minute '"'' ^ '*^"" '^"^ §« ^^to. as they lordshipCJoS; tTj;iTt?e^UXrh^r'r '^^•^^ '^^ -^"-d. through your w.h the United States, when I ^ J^E Son^ X^a 1° e^J! ^™^- Th p- V..X* T. O'BRIEN, Z^ Co/o««^, •Ihe Right Honourable Governor. Lord Knutspord, G.C M G •^'c-. tfec, ^tc." ■' [Enclosurp 4 in No. 152 ] and 4th October 1891 (Noa, xTa^d 96) I StL vwl "'''"''"»• <''"=<' 'he 4th Km forwarded to the ^retlry of »ta?' dL -1^7*0 H^Ttri?'',' ■"•"■»™nTm 1-u.ion o. Canad. which. llt^'SeJ^S;:-- ^Jj -^^.L^^hf 143 )nsidered very nerally. United States 1888 was con- tion be disad- ; benefit, and nake a treaty n worse lines arcely expect must expect longer subor- RVEY. "n 1891. of a minute t and 28th It fishes to elf to the e powerful >et by the ion of the past it has has shown >, as they ough your invention hnel, Bspatches 1 August orandum ■egret at It of the perceive has been brought about by the hostile action of the Canadian government towards this colony a summary ot which is as follows, and the proofs whereof are in possession of Her Majesty s government : — ^ 15 •.■^a'''!*'"'^''^ Canadian government used every effort to obstruct the passing of the Jiait Act, with an apparent determination to prevent this colony from protecting its interest against its powerful rival the French. " After obtaining the alleged promise of Sir R. Thorburn and Sir A. Shea in 1887 and up to the present time not a single step has been taken by the Canadian govern- ment to stop the supply of bait to St. Pierre and Miquelon from the Magdalen Islands and other ports of the Dominion, or to prevent Canadian fishermen from smuggling bait from Newfoundland to those French ports. ° ^ The committee appreciate that this course of action has been pursued by the Cana- dian government from a fear of wounding the susceptibilities of the--- French Canadian supporters m the province of Quebec. The vital interests of thei. fellow colonists in Newfoundland are as nothing in the estimation of the Canadian government when com- pared with the support of the province of Quebec. Second.— The Canadian government has exerted [its powerful influence with Her Majesty s government to prevent a convention being concluded between this colony and the United States. It is unnecessary to refer more fully to its adverse action to New- foundland in this direction, as the evidence is before Her Majes. v's government. Third.— The Canadian government threatened in 1885, apparently for no other reason than to protect Canadian fisheries as against Newfoundland, to impose a tax upon fishery products of this colony, and the committee believe that it was only deter- red from so doing by the legislature of Newfoundland enacting in retaliation that upon from CalSa™^"^ *"' additional exceptional duty would be placed upon imports Recently, however at a period of the year when exports of flour, Ac, from Cana- inT?n71"T*^ ^'"uPr^''',"u*'^*''" ""«"^"g spring, and knowing that such exports had ceased for a while, and therefore retaliation by Newfoundland could not immediately affect any interests in Canada, the Canadian government placed a heavy • duty on fish products entering ports of the Dominion of Canada from this colony The amicable relationship which the Canadian government expresses itself as being so soli- citous to maintain would appear to "be based upon the premises that Canada shall dictate and Newfoundland shall submit. This was clearly evidenced in 1887 whe negotiations were entered upon with the United States when negotiating for reciprocal trade, and a representative of the Newfoundland government was excluded from the conferences. Newfoundland has her bait fishes; they are of great value in view of her geographical position, but the Canadian government would forbid her availing of this inherent wealth to obtain concessions from a friendly nation because Canada has tailed m her negotiations to obtain like concessions. Again, Newfoundland is thwarted mhereffortsto restrict the supply of bait fishes to its powerful rival the French because a Canadian political party is desirous of retaining French-Canadian support Frloh fiT = *« "ft^l/^^h supporters by legislating against the supply of hi to French fishermen As before intimated, the Canadian government h^ve now taxed Newfoundland fish products, and the government of this colony is asked to passively The coinmittee fails to see any ground for believing that the action of the Canadian government IS in any way influenced by a desire to foster a friendly relationship con- enS V^' advancement of this colony or for the interest and^dvantage of the empire ; but upon the other hand, the committee is most unwillingly obliged to arrive at the conclusion that the Canadian government is solely actuated by selfish motives in ti\^:^zi:l:^z^',:^;'' '''-' '' -''-' '- ^-^'^''^ ^'^ --*— ^^ p-- The committee cannot recede from the position It has taken, vi?,, tr. yield no Doint so long as the Canadian government maintains its present attitude towards this colony, 144 . The comunttee most respectfully declines to privy council, as suc'esterl in fl,« c "f "^'^ *^ - — xu. uie the interests of th s"cdonv can 1 1'f'"'^ ^^ '''''''' ^'^^P^t-^h, as it is position it has taken! ^ '' ^''' ''""^^''^^^ '^J^ >*« endealouring to minuto to ^he"^: 't^S;^^!:^::^^}'^.^:^'^-^ "^'; *^'^"^""* ^^ -py «f this ^Correct copy of n.inute, passed irconlLttee of' '"' ''^ '^'''°"'^^- course of "'"i!.lf!f«_^«':.'^« °P-ion of the convniced that maintaiii the 1891. ■ ^^ecutive council, 24th December W., C.C. [P^nclosure 5 in Xo. 162.] This convention unlike tl.P 1 • • '>""^'"«'^-^'«'ef^ -SVafe, eo«t,«,A;„„. -,resswithcount^ieri^:.S;qr^:S;™^ States the senate, before coming into effect.'" fSre £ n 1 '""u""*"'^' °'" ^^' ^-^^^^ of SX=- ^ ^^-'^' "« before that ^'o^^ZJ^^^^^ ^J^^ ^^^^i^^ poneJ^t;:s;^is^t;fiSi„i;;sri,s ^^ ~% post- pi-essure of the presidental campai^ S ex'Sr n wK ?^''' k'^ ' ^^^^^'-' "^ the ^S!z^r" -^" ^^^ --^^'^'^ ^^ni tSreS ;r^^:^js:;, s- £ 'peceS:.t^l^$J,trt::;t1Jl»- ;;-;'g f convention .ti.ed when agreed to in be e,ually large this year if the ™g:^;tl;„":;\^^^^^^^^^^^^ "'^^^'« ''l—t and'^vS A proportionate loss to Great Brftp.-n Vl i? allowed to go into force, years sixty million sterling, soSi^^Tike :;^^^^^ ^'^' trade in two Barings' failure. By this. Her AlaWvlw '^ '^^"^^ '"""""t involved in Mess^ how momentous tl/c,«estio^Ts SSSCr^^ '''' ^^^^'^^'^^ '>^ -^'^^^d to^fS^: conventir^^^^^t ,;;i::t::;^^/J:t""'^^"^ 'y thenon-mti^cationofthe r;--ti»;'^te their indirect a^L To loVXe'^JTr *'"*,■'' "«"''' ^^ ^'i*"- ' s forwarded herewith, which was nresenf-P.! --S .**"'''^ "'''"'^''t losses a petition by merchants represen inc. pUablv ol f '' /" T^^'^™'^^'' t" the colonial goveniment profitless, which,^„der the « .3o„ wou d ,T "^'^.^^'^-hich are now lyi^ng M^Td other ineans than by the conventT.rcan tl il T^, ^'''^^ ^"™^ "^ «i«»ey. By no the convention were now ratiScl these essels'"'' H "^^^' '"'''''' ^^Wmer^^ }f ™it t:z::at: z^± ~n,4 "^ -^ "-" ^^^" "' October, and ^^e::^ai:i\ruS-;*^^^^^^^^^^^ ''^^" '^ ^^ P-^PO-l until treaty was not in course of negotiation Jtl! l I T'"" '° ^^'^^'^''t that if such a convention was a certainty. It 1 ifow Jan ,« W .^■^ t'' *^" '■atifieation of her been Hxed for even its discussion and it is c! 7 . *''" ^'^"°^'"^fe' y^^"'' "^"^^ "o date has such treaty to get through congr;s at its^^^^^^^^^^^^^ ™P"''.^^^^ ^"'^ *h« legislation fo ponementfor twelve ninths and ff v ^* n ''T'"" ' ^Ws means its positi%'e w Hbout this year, her lo^r^l^^^be ii^ Labt S^^ '^1^ "'"^ *° ^^ whK.a\eCe" be given immediately. eparable. If this is not to occur, the ratification must 145 ■ of a British f a coui-se of pinion of the •nvinced that maintain the I copy of this fi Deceniber, C.C. "sainrj neces- iventlon. lited States at least of during its he pressure sarily post- les, in the Blaine, the this matter [jreed to in , and will ie in two in Messrs. cl to judge ion of the e difficult a petition vernment \ idle and • By no nent. If vork this ty treaty led until if such a of her late has ition for ive post- ay come t>n must What possible prospect of a reciprocity treaty has Canada ? Mr. Blaine -vithin the last twelve months declared most emphatically over his own signature that he would never assent to any limited reciprocity with the Dominion, and Sir John Macdonald's government declared as emphatically within the last twelve month'' that they would never assent to unlimited reciprocity. There is, therefore, no hope oi any reciprocity treaty between Canada and the United States so long as the present rulers govern their respective countries, and consequently there can be no reason to postpone the ratification of the Newfoundland convention on this account. If Mr. W. Laurier and Sir R. Cartwright come into power in Canada, then probably there will be a reciprocity treaty (to judge by their words in opposition) on Mr. Blames lines, which means a common tarifl'with English, Scotch and Irish ^'oods having the McKinley tarifl" against them over the whole Dominion. Does Her Majesty's * government desire Newfoundland also to be included in sucli a reciprocity treaty 1 If so, then Her Majesty's Government are laying the foundations for this in its present postponement of its ratification of the Newfoundland convention. This matter is most urgent, and its importance to the future of Newfoundland cannot be over-estimated. Newfoundland has been furnished with no reasons against the ratification which she has to answer, and a great favour will be conferred, if any of the facts stated on her behalf are questioned, that she be called on to substantiate them at once. If the statements made on her behalf are not questioned, or are all substantiated It would seem that the ratification would not injure imperial, while it served "-eatly the interests of the colony, and tha*- further delay is fatal to those interests. " TT .r T - , ^- W. HARVEY. Hotel Metropole, January 7th, 1892. [Enclosure 6 in No. 152.] To His Excellency the Governor in Council. The petition of the undersigned Banking schooner owners humbly sheweth :— That your petitioners have had schooners engaged for a number of years in the prosecution of the Bank fishery. • That this fishery has of late years proved unremunerative. That these vessels can no longer be employed thereat without some auxiliary. That your petitioners believed that that auxiliary is partly found in the winter herring fishery, but that owing to the prohibitory duty imposed by the United States government on herring imported into their ports in Newfoundland vessels, we are debarred from comgeting with American registered vessels, they being permitted to get their cargoes on the same terms as our vessels. That your petitioners are anxious to embark in the winter herring fishery • your petitioners believe, that if put on the same footing as their American competitors that the number of their vessels will be greatly supplemented in this trade from other parts 01 the country. ^ That in fitting our vessels for this business, numbers of our people will be employed manning the schooners and catching the herring. That the embarking of Newfoundland schooners in this venture w'ii in no wise tend to lessen the number of American vessels intending to prosecute this voyage, w, ;?,1 That it is the opinion of the undersigned petitioners that the government should take immediate action in this matter. And as in duty bound your petitioners will ever pray J. W. Stewart, Goodpellow « 'before n,e Xewflu^t:;r '° '""'^'^ ^^^ *^^ -- «^ ^--^^ ^e are in no sense " unfriendly '■ to .ent^Hi;:S.5:r:i:/;rS *^e p^. .ovem. adva^^ge!;;^;;;!::;;:"'''"^'^'" -- ^^ ^o a desire to prevent Newfoundland n.akin. an Great Britain and tU^anadl toud^: ) Kl fl H;!;? r'^^"' ^^'^'^-^ ."i van 'both t for tJie concession of i)nvile-es to foro-Vn f;7) ' «i«covered Ijy us to be arrancin- By this action a serious blow waT?l.^'™'w fT^''^''^ *« the treaty of 1818. " " A provision does exist bv which wp Z? ! ^ , ''^'^ "* '*" countries. Newfoundland. ^ "'"'' ''•" "'"^ ^"^P^"^ tJ.e duties on fish coming from govemlL'nt wouirnore^imVlf uTto d^ *'''' ^"^P^^^^O"' '^"t the Newfoundland advi^tS^SuSrU"^;:;;:?^^^^^'-^^^ - supported, according to my of Newfoundland iuSSghV^^^^^^^^^ *he policy *of the government , I would infer, however that vou hnl ^ f Tl °'' *'^^ ^''•^"^h bait supply. these subjects before we eln SpeSlenlL?" ."'^'^*'^''^^'* '^ "^''^^^^^T to deal with ^ In „,y opinion, I may say T,! ,"/ r^ treatment at the hands of Newfoundland that island aj; not ready to tiuL^Zniv ''''■' '""' ^°'' "" ^^are of the trade of , Touching your questio^, Tto whr 1'°^'^^^?''^^^^ ^'^^'"'^^te. that we have i^ the mo t emphatic man- 'u g«^-«'-"'»«'^t desires, I n.ay say reason to believe that our deSe is that theT f ^'^",.*he government of Ne^vfoundland Until lately our relation vlhlmlT^^^^^^ "it' T''*"'" "'-^^ '^''^ as we now insist, that the British inte.t,?. . fU . f ^^^"^'^ '^'''"^ ^^^en we insisted by the action of the govern^.t^ orNeJlind^^^^^^^ 1 1'p'' ""^* '^«' '^ ™P--'' !'%«--«. 147 It IS expected also that ere long the judicial committee of the imperial privy coun- cil will decide upon the legality of the action of the government of Xewfoundland in excluding our vessels from the bait supply upon the coastM ..f that island. In conclusion, let me say that it is not proposed to purchase a concession of our "^.V*** °'\?"y **^™^' ''"' «« ^'"" *!« *i«tal quest- ons are concerned, I have no doul.t .Sir William VVhiteway pei'fectly understands that the present governm>-nt is ready, willing and anxious to enter into the most favourable and friendly relations possible Yours faithfully, CHARLES H. TUPPEU No. 155. Ritcky's Cove, 22nd February, 1892. Hon. C. H. TuPPEH, Ottawa. Dear Sir,— I would like to know if there was any chance for Canadian vessels obtaining bait to Newfoundland next dimmer. The reason that I make those enquiries so soon IS this, I am about gettin,^ my crew for fishing, and they ask me if there was any chance to get to Newfoundland for bait. I have to tell them that T don't know sol thought I would write a few lii>es hoping to get sor e information about this matter, lou will please answer these few erring lines and obl^e, " REUBEX RITCEY, Mnxtcr Schr. '' Stfiln E" Xo. 156. (Tefeffraui.) Lord Knutsford to Lord Stanley of P r est on. 24tli February, 1892. Send by telegraph substance of resolution passed by legislature of Nova Scotia last year with respect to convention l)etween Newfoundland and United States. KNUTSFORD. No. 157. Montreal, 22 St. John- Street, 24th February, 1892. Hon. C. H. Tuppkr, Ottawa. Dear Sir,— Your valued favour of the 20th inst. to hand, contents carefully noted • and looking at your arguments I do not believe that there is one matter that cannot be satisfactorily and amicably arrangetl. I am very sorry that you did not answer my letter sooner, as it would have pre- vented my writing to the newspapers. You cannot imagine how much it hurt me to write these articles, as I have always voted and worked for conservatives. ' They may say what they like against the conservatives, but T believe that if the liberals were in power or ever get there, th'ey would be ten times worse. I am glad to hear that you are not unfriendly to Newfoundlard. which is the main thing, and have no doubt when you read the correspondence which is enclosed, that you will see that it is to the interests of both parties to be on favourable terms. If you had followed the course of Newfoundland from 1882 to 1889, and .saw how one bad fishery followed the other, and not that alone, but their markets in Europe were usurped by their French competitors on the islands of St. Pierre, who were granted a bounty of three-fourths the value of the fish for all that was sold outside of France It was wonderful how any country could stand such competition, and there is little wonder why the people left Newfoundland by hnndreds and tliousands. Can you blame the Newfoundland government for going to any extremity in a case of this kind ? What 23c to 23A — lOj f p 148 would you think of a government tliat would not try and devise some means to relieve the people? I think that the Canadiai. government would be the first to scour the world for new mai'kets, if Canada was placed under these circumstances. Was it not a cruel blow to Newfoundland, after succeeding in gaining a free admit tance to the markets of 60,000,000 people, to find that iier sister colony, Canada, wb- had always shown her the greatest friendship, rvas the \ ery one to interpose and prevent her getting this market ? I take it for granted that you are right as to the exact reading of the \! eaty oi 1818, as I have not a copy before me, but from what I can gather as to its general use- fulness, it is time we had a new treaty. No doubt there ^.m many altered circumstances that need readjustment. It was a case of necessity, as I hie already c>;plained, and " necessity knows no law.'' I think still that Canada is trying to prevent tha impt)rtation of Newfonndlanfl tish. If not, why slu.idd she put their produce under the alra< «t prohibit.; ry tfiiF? You are probably vfil aware of the statute which Newfoundland has on her books, that if Canada (presui'Ki My, althuu|.;h tlie lame is not mentioned) should tax iier {.ro- ducts, she was bound to tax Oinadi:'i. i i-xlucts, by stipulated duties mentioned therein. No doubt you remember when this ci...ii(; inl^-' force, once befoi'e, about live or six years ago, and how quickly Sir John Macdoaalu ha. ii.attei-s vcjtified. But now that others (even Newfoundlanders) are picking holes jn thi.-* statute, it will not please the New- foundland government, and as tliey hfl,\e !U ..vcrwhf'lming majority, and under their present excited feeling they may muke iiKV.le;'/ even worse than they are at present, No doubt your advices arc from mc uilicrs of the late government, and I agree v/itb you that the merchants generally .are not in favour of the increased duties, and do not v. ant to be shut out of any market where they can buy to advantage ; and even the people tli.mselves do not want to be on unfriendly terms with Canada, as the social feeling is growing stronger all the time ; this is particularly noticeable on the arrival of the CanadiiiJi mails ; but then again, it is the merchants who buy the goods and pay the duties, aivl as the people do not see it coming out of their own pockets, they give it very little consideration. You will remember that the last election was fought out " the people again.'^t the merchants " who were then in power, and showed an overwhel- ming defeat for th»^ hitter. Be the French slio;-e bait question :— Since Newfoundland has rigorously put in force her bait law against the French, their fisheries have been declining. (They may talk about periwinkles and salt bait, etc., etc., but there is practically nothing in it ; they have no chance when a Newfoundland vessel is fishing alongside with fresh bait.) Last year, the Frenf-hmen sent no fish to Boston or other American ports, they had none to send to Spain, I'ortugal or Italy, etc., and their own market (France) advanced higher than it has been for a long time. Newfoundland also got good prices at the above named places, and has done remarkably well, especially as they have had a return of good fisheries the past two years, and the fishermen do not remember seeing the fish so plen- tiful during the past twenty years. They say it is wonderful, and the trouble with the merchants has been to get vessels to take it all to market. I think under these circumstances that Newfoundland would not be too exacting in asking you to come out against the Frenchmen. , As for Canadians not wanting a share of the Newfoundland orders, I leave this matter for your perusal of letters from Ontario. You would be surprised if you knew who wrote the fourth letter. Please give your attention to extract from the A^oHh- Western Miller, Minneapolis, of the past week. This is one of the most influerUr! papers I know of, and is sure to attract attention. The relations between Canada and New r. > , nlland were always harmo):.' his ^.- ale Canada treated them fairly, but Newfoundk • s have got an idea that Cs-i^a." - is trying to drive them into confederation. It y^a »vant a person to do a thing . v.a the easiest way is not to treat him unkindly. I need not repeat my former argument showing that Canada is being injia-ed in a. far greater proportion than Newfoundland by the tariff wars now between us, ''■ ' boards of trade are alive to this. )vr 18 to relieve to scour the a free admit !^anacla, wh" and prevent lie Vit'aty ot' genernl use- ircumstances plained, and ewfomidland ■.y ti.- iff ? on her bcjoks, tax lier t>;o- oned thereia. or six yeard r that others se the New- under their b present. I agree with 5, and do not nd even tlie as the socii'l ;he arrival of ods and pay , they give it 3 fought out an overwhel- y put in force ey may talk ; in it ; they 1 bait.) Last had none to anced higher above named turn of good fish so plen- trouble with under these I to come out , I leave this if you knew Q the iVo' .'i- ost influetu. lOl' 'US \v';i.ile at '■'aiia.h is ing, I fuid the Our I m, reen us, 149 Was it right to peremptorily prevent the Newfoundland government from making a treaty without even reasoning with them? Newfoundlanders think that some recompense is due them in this matter. You will find that, if you use kind words, Newfoundland is not unfriendly towards Canada, but should you adopt your policy of retaliation, you will bring them nil out against you. A suit through the Newfoundland courts will certainlv take years and years to bnng a conclusion. Will the Ontario millers wait all that time ? It is probable that the imperial privy council will be very lenient towards Newfoundland. If you want to hear my opinion on the Newfoundland fisheries, I will l)e only too pleased to pay you a visit. There is a great future in front of NewfountUiind in this directicm. She has got the finest quality of fish in the world, but the present modes of fishing and curing are primitive. The spirit of ingenuity and enterprise is coming on the people very fast, and you will see great changes there within the next ten years. When the fisheries are properly developed, there is no country of its size in the world that will yield more wealth. If y. and the high commissioner has done his best in that connection as well. Your reference to the Ontario millers waiting for litigation to end in Newfoundland courts shows that you have not quite apprehended my reference to that subject. It has nothing to do with the Ontario millers. The litigation in the Newfoundland courts will be for the purpose of collecting back the fees collected from Canadian fishermen without warrant in law, by the government of that colony. The judicial committee of the privy council is composed of judges who will settle the question in connection ,vith the Bait Act on its legal merits only. No political or other consideration can -s' er into their deliljerations. You again suggest ,hat we should show our friendly feeling towards Newfoundland. I would be glad to know in what way you think this should be done. I regret extremely that during the session of parliament it will be impossible for me to visit Newfoundland. The Can.adian government would be only too happy to receive a delegate f ro" i there. tp'""'* 162 In conclusion, T may remind yoM that While the interest of the miller i« veiy great, and is fully appreciated by the govenunent, the intere^ > )f ♦' n fishermen in Canada ix also great, and it is the duty of the government to proti-ii ivith rh. ^ interests as far as it can. Yonn* t'oi '''"vdly, CHARLES. H. TUPPER. No. 159. ■ Montreal, 2r)th February, 1892, Hon. C. H. TuppER, Minister of Marine and Fisheries, Ottawa. Dear Sir,— Enclosed please find extracts from our local papers regarding New- foundland affairs. Tin- principil argument on the defendant's side is worthy of your particular notice. Would not i.di be just as strong an argument against any action you might take for licenses ilk ;,;ally collected from Canadian fishermen, inasmucli as the Bait Act has no exceptions tor any country. Thi.s is not the first time that this argument has been brought lorward, and has decided cases in Newfoundland. The last sentence in the second extract is also worthy of your careful ast of New- foundland that the fishermen of Newfoundland possess, being preve'i'od by thj Bait Act from exercising their claim, the right to collect increased du • s upon the mer- chandise of the Dominion does not inhere in this colony. 7' ■ coun^ ' for the defence, Hon. E. P. Morris, argued in reply that Canadisms are no." vei 1 from taking fish on the coast of Newfoundland, ii;:ismuch as the emi fish in ds and there was nothing to preMJit them from taking cod . ii. ui portion of Labrador tl> ^'' could even take herring. The honourable the in his evidence, stattti that Canadians were excluded, since the 20th of March last, from getting licenses to take or purchase herring for bait. Under the instructions for enforcing the Bait Act, he stated that no licenses could be granted to Canadians. Before these instructions were issued (in the season of 1890) Canadian fishing vessels were liable to the provisions of the Bait Act, and could get licenses to procure bait. The oorrcsMr>ndoncc on this suhjof^t hetwepn 'Sir. Fielding, Premier of Nova Scotia, and Sir W. Whiteway, Premier of Newfoundland is admitted as part of the evidence in the case. iny meant codfiah, Newfoundland'!* receiver general. 153 veiy great, nada is also II r m it vttii. 'PER. , 1892. rtUnj? New- thy i)f your any action iiaamuch a.s le that this Hand. The un. \v of testing vs. S. March eral, for the importation on H^ f>' the of duties on ■'> venue act. ini countries th^ coast of on fish, etc., ither, in the to take bait ^lortipon, as 3e tiiis mer- xst of New- )y tho Bait .11 tlie nier- the defence, 1 taking fib- eant codfish rtoundlandV ver general March last, auctions for ans. Before ressels were ■ bait. The )tia, and Sir 3 in the case. The action is necessarily brought, in the first instaiic', befnri' tii.' centia! district court— which is presided over l)y two stipendiary inagistratt-s. Wliatever their judg- inent may be, an appeal will be taken to the -upreme court, where the matter will be hnally decided ; so that a final decision will not Ije readied till May or June next." MKKTI.\(J OF THE LKUISLATUK K. "The legislature is suminoned to,meet 'for the despatch of business' on the 25tli instant. The date is ten days later tiiaii usual, but the reason of the delay is not known. At present, nothing whatever is known as to what steps, if any, have been taken in connection with the disturbance of trade between this country "and Canada caused by the present war of tarirts. When tiie legislature meets the curtain will pro^ balily be lifted, and we shall learn whether the British government have moved in the matter, and with what result. At present all is conjecture; and it is not kn.)wn Whether tliere is any prospect of a restoration of harmonious comniercial relations between the two ))elligerents. N'either is it known whether our government was in% ited to send a delegate to act along with the Canadian delegate now engaged in negotiating a reciprocity treaty with the United States. Tf such an invitation was giveirit has ii.,t J)een accepted by our government. If the m ,cct of thf jinhm-'n'^ is to form part of tlu! neijotiations at Wnshiiujfon, it seems a [.ity that the Briti-sh fisheries of North America should not be dealt with as a whole, and Xf-ivfimwllawf be properly represented in the conference." O.VE OF THE OLD 'JOVEHNMEXT. "A merchant who found his trade considerably crippled by the action of the Xew- foundland government in imposing discriminatory duties aj^'ainst Canadian goods was actur 11 y sanguine enough to take action against the government for damages on the grounii that such duties were illegal. The judge, as might be expectetl, upheld the action ' ' Uegovei nmcnt and the merchant has had the pleasure of throwing good money after baa. Supposing foi- one moment the decision had been the other \yay, what a splendid ci.. of suits would have been the result. Er^n Cnnadiayi di»criminatorii duties wjit Great Britain miijht have hppn called in ipiestion." No. 160 ,„ . -, „ Februahv, 27th, 1892. W. A. Minn, Esq., 22 St. .John Street, Montreal. Mv Dear Sir,— I have to acknowledge your letter of the 26th in tint, in which you were good enough to enclose extracts from your local papei-s wit! card t . New- foundland affairs. " The points touched upon, however, do not concern the action of Canada, i. , .torence to the withholding of liait licenses from Canadian ships. Our contention is based upon the invalidity of the order in council adopted by the government of Newfoundland, supposed to be founded upon the Bait Act of that colony. I may also add, touching your reference to ilie last sentence ii the second extract enclosed, that there are no Canadian duties which discriminate against Gieat Britain. 1 am yours faithfully, CH.^ U'^ SS H. TUPPER. No 161. Report of a Committee of the H. aow ible the Privy Council, approved by His Excellency the Governor General in Council, on the 29th February, 1892. ' The cornmittee of the. privy coiinci! have had under eonsidoration a teieLmim trom Lord Jvnutsford, bearing date the 24th February, instant, asking that the sub- !l (^ Htuncu of a reaolutlon pa^oed by tho legislature of Nova Sootiu last year, with reHpoit to tho convention between Newfoundlund and the Uniteil StiitcH be telegraphed. The iniiiibterof marine and flnheries to whom tho lelograin wuh referred wtates that he ()i)tainod a copy of tho rofiolutioii, and a propoHod anu-iidment theido, which did not carry, toj^othor with cortain paHnaj^ost tV'un tho Mpeoch of the loader of the government who moved tho resolution, and fr ,n that of tho leader of the opposi- tion who oppii-od it. Those oxtractrt are appondeil to this minute. The minlKtor roeommonds that tho foUowinj.' telegram be Hont to tho right honouralilo tho Bccrotary of state for tho colonies : — " Rosoiution, ilouso of AHsombly, Nova Scotia, April 13th, l^M, recites largo interest of Nova Scotia in bank tisheries; value of privilege of procuring fresh bait on couht of Nowfouridland ; nxprosses regret that this privilege is refused ; exproHses sympathy with dosire of >towfoun(lland to secure bettor trade relations with United Stales, and to obtain relief from tho difficulties of tho French shore; hopes for a solution satisfiictory alike to impeiial and colonial governments; concludes with hope that meanwiii'o Newfoiindhind will relax present regulations so as to permit sale of bait to Canadian fishermen. The leader of the govern- ment ill supporting icsolution insisted that no reflection wa» intended upon the action of tho Dominion government, nor did tho resolution commit tho house to any view of tho Bond-Rlaino treaty, which ho declined to discuss." Tho committee advise that your excellency bo moved to transmit a copy of this minute, and also copy of the extracts hereto appended, to tho right hon- ourable the secretary of state for the colonies. All which is respectfully submitted for your excellency's approval. JOHN J. McGEE, Clerk of the Privy Council, E.XTRACT8 p'om the Debates and Proceedings of the House of Assembly, 1st i^ession, 13th Parliament. Province op Nova Scotia, Mo.VDAV, 13th April, 1891. Newfoundland Bait Supply. Hon. Mr. Fielding (])rovincial set rotary,) gave notice that to-morrow he would move that tho house come to tho following resolution: That a large number of the people of Nova Scotia are interested in the prosecu- tion of the bank lisheries. Tho prosecution of such fisheries is facilitated by tho privilege of procuring fresh bait on the coast of Newfoundland. That this hou>e has learned with deep regret that this privilege is now being refused to our fishermen by the government of Newfoundland and that serious incon- venience and loss arc being caused by such refusal. That this house warmly sympathises with the desire of the people of -New- foundland to secure better trade relations with the United Stales and to obtain relief from the difficulties connected with the French shore question, and trust that means may be devised at an earl}' day to bring about these results in a manner that will be satisfactory alike to her majesty's Imperial government and to tho colony of New- foundland. That pending a settlement of these important questions this house expresses its earnest hope that the government of NewfoundlanU may be willing to relax its present legulations and permit tho procuring of bait by thofishermenoft' is country on fair and rea aable terms. Pf\ *^ *ji r^ 'jS ^j^ r^ 'IS r^ ^^ Wednesday, April 15th, 1891. (rear, with Sliitort be i-red Htatea (Mo, which idor of the he opposi- tho right cites largo ring frenh s rel'iiHod ; 3 rolutions iich Mhoro; ortimentH; •ogulutionn 10 govo r ri- ll pon thu » house to lit a copy- right hon- 'ouncil, ',ssion, 13th , 1891. 7 he would 10 prosecu- procuring now being 'iou8 incon- lo of Aew- btain relief that means hat will be ly of New- expresses ■ > relax its is country * 155 lion. Mr. Fielding (pn.vincial sociotary), in moving the adoption of the .ohoIu. lion MiiKi : ****s(«>( trk'itv wno ,«o,i P tt .r ■ , ^"^"^7 ^^ero ui no sense access to the markets of the United SfuJ! ^''' ^"""'^ '''^ '''-'''^' whir;rrt?Ld^y\j^^sS°^';iS; 'rr^^' '^""^'^"^-" «^ i^^^- which Canada is now m<^ S maS^t fth^S S a t' ""' "'^' T?"""""'' extended comment. It may bo obSrvc h mteve tl a th r^Si^^^^ '" '''^'^''' favourable to tl,e interests of Nx^wfound la d th-m' tit ^" n'"^?" V"" "■'''""' adopted by the Nowfoun.iland LegiTl > we as b the P.S,' u!! %"';• V'' 'T loiser co„ce»L,'b,' .^ .Von%l°St,e I ?, , '.h' ■=omfx^'"«- to make de..gcaa.„re„oe.iat„„rell°:;;;UtL::r?,:j,Ss to the Secretary of State for the Colon 1 v.: ill i? ^.^"'•'' ^"f ''"'°° transmitted an arrangemtM,^vit^le Un ted ShZ^r «l'ow Her Majesty's Government that countries'and fbr a settlemen of tl i fi . "^ '''*^-" ^''''''"'" ''^^'"^^^^ '•'^t«-««" ^'^ two unless Canada won foSt to tnlv'tJr'u^^^^ '" ^' in^P'-acticable wh.ch t.a. u:=crn.unation would be likely to have under the Bond ConvenTion on 160 If f ) Canadian interests are wet forth in Di-ovious rnnni-fa nn fK„ u- ^ .egotiaLn, with fo^n j;u„S;tirinte" A° oTO J„\'b JitnfoS'f """•''i i ossessions should be kept in view bv tlmso tn v^u^ u "'' ^^ the Imperial conducting or sharing in^such negotTatlons ^"" '""^ ^' '"*^'"^'^^ ^^« ^^^^ «f In consideration of the stronir wish exDressftd W TTi. t ^. i u- x' arrangement, and in order to avoid as f-i^ as^'f onn L "u ? "^ .^'P l""" ^" amicable lency's Government an estrancnWnf nf f tr ""l^VOs^'^Jy be done by Your Excel- the people of NewfbSndTand fhrmde^^^^^^^^ ^'''^''" 'f^ people of Canada and info/meS that Your Excelfencyl^ Gove n^^^^^^^^^ ^^^^ ^^'^ I^^^dship be a conference between renresentativen of th« C • '-^ acquiesce in his proposal for points at issue, and they KcTmrnend h^t with fZ'" k" f "^ ^'^«Yf«""d'""J «« the kigh Commissioner for CaSr^bfinstnicTe^as to tS' ' ^'' ^^arles Tapper, the Government and be requested ^ot J^a^t'^c h t^n^^ ^l^h^f^^^^^^^^^^^^ Of Y^ Sf^f^^ 'sr si?;^ S't^-f '-^ V^^''- ^^ suggest that, pending the resuTt of he reflrenoe t^ fU \ T-^'^'^S^"''''', ""^ '^'Y Privy Council as to the legalitycJ thrre..ul. tion! hi \l "l"^'"'^' ^^^'"•"ittee of th^ are denied the right to procure bit and C;; « K ^ '""^'^^^i^o Gshevmen of Canada and pending the^^sultP^JT confertice wht? His^'C^^^^^^^^^ "^"' ^^^'^T^'^^' arrangement be made, if practicable bv whirb WK p -^^idsh p has proposed, an revert to the status which St?d befofeTK^^^^ and Newfoundland shall Canadian fishermen and fishSrvessols be pe -mX n^Z'T'^lT'^uV': ' ^^^^ in ^Newfoundland as United StatLfishei 01^^,^/ hS- ^''''V'' ^""'^ """"^ ^""'^ ^^^es and by which the scale of duti^ "on mpo s from ctS'^^ procure them now, the recent increase of imposts on thoSporL be revel^^^^^ ?" force before exports of Newfoundland be relieved frr^he duties which h'^rh '" <^"'^^^'». the them recently in accordance with the aw ofP-m! if ?• u . ^^ ^^,'''' "^posed on under that/w, Canada hadptStry'Xtln'eTSm InSitg""^' *'^°"=^" ^'^'S^^'^- GoveL^;e"nt'rfTl SnSTpTearbT^^^^^^^ ^""^^^-'^^ '^^^ the mistaken as to the position of th?Gove.™t of r!? , ^-S ^«^'«™ber, 1891, to be No proposition was'ever mlTn Canada to mpl^^^^ f^ 'f''' of Newfoundland, nor are the duties comnlained of w X n ""*'^^ ''"*''^ products land exceptional. They are appHed toTlI hI« ..5 ^ the Government of Newfound- The undersigned recommend that a copy of this iLnVf Vf "''^»- , ^ mitted to Her Majestys Principal SecretaJ? of sSe fo?the'ColoTiL '"'' '^ *""" Respectfully submitted, JNO. S. D. THOMPSON CHARLES H. TUPPER No. 166. Montreal, 4th March, 1892. Hon. C. H. TuppEK, Minister of JIarine and Fisheries, Ottawa. , gov„,„„,„.,»,,d no doubt fl,;„ffl\Slpa,SllEr" "'""«'' '"" "="«'"'' E^ii^y^ ct, and the under- tes the effect of such 'eeii His Lordship ia and the United 'change of opinion e principle that in md of the Inipei-ial trusted the duty of lip for an amicable 'ne by Your Bxcel- ple of Canada and His Lordship bo in his proposal for vfoundland on the larles Tupper, the Your Excellency's of the Dominion, hat the disposition ?ement, and they Committee of the bermen of Canada nd and Labrador, has proposed, an jwfouhdland shall arose, viz. : That ait and bait fishes ocure them now, as in force before d, in Canada, the been imposed on , though exigible nutsford that the nber, 1891, to be i to those duties. 8 on the products >nt of Xewfound- y be the country roducts only by a, )roved, be trans- iS. lOMPSON, . TUPPER. tarch, 1892. en us, and have igh the English 161 I am exceedingly pleased that everything is now in adeHnite shape, and I trust that your proposition will meet with the acceptance of Newfoundlanders. Your humble I ervant, , W. A. MUNN. MoxTRE.\L, 5th March, 1892. No. 167. (Telegram.) Hon. C. H. Tupper, Ottawa. Report in Gazette this morning lacks foundation. Harvey now on way to New- foundland. W ould suggest trying get delegate from Newfoundland. Reply. W. \. MUNN. No. 168. Montreal, Mi March, 1892. Hon. C. H. Tupper, Minister of Marine and Fisheries, Ottawa. r.^, ?'''^? ^f~^ ^""''^ another telegram from Newfoundland stating that "They have Engknd." '"'^ Proposition, and that everything will be delayed if this is feft lo „« rl ^^i"") that the sooner we could get back to working terms the better, especially as Canada has got everything to gain in this matter ; there is no possibil ty of nv quantity of fish coming forward from Newfoundland till next fall P*" '"""''y "* '^"^^ I see by this morning's 6'«3.^«« that these matters are being left for an amicable adjustment a I^ndon, between the high commissioner and M. . Harvey, of Newfound S.?Th ' """VY' '^'^ ""' ^""'^ ^ ^"'"^•""- ^"t Newfoundland's propoSn asking that you withdraw your protest to convention is sure to be insisted upon Your humble servant, ' W. A. MUNN. No 169 [^Telegram.'] Tx ^ ^^ ^ Montreal, 7th March, 1892. Hon. Charles H. Tupper, Ottawa. Mr Harvey now in Halifax; leaves there to-morrow. Would you like to meet him with delegation Thursday? •' ^^ W. A. MUNN. [Telegram.'] W. A. MuNN, Esq., Montreal. No. 170j Ottawa, 7th March, 1892. Mr. Strver"'*'"'"' ''" ^'^'^'^ '' *"'" ^''°'''"''" "'"^"''" ^ ''' ""^ °''^''''" '"^ ''"""^'^ CHARLES H. TUPPER. 23c to 23A— 11 162 No. 171. of Marino „„a HKhertetfroTae t,TOv.«^lr laturr'atU';i^ra'XL:''Xtil;;/?hI ■¥'" T'; "■ '^'l' ""« ^--vfou.dland LegU- Bri,i.hj^,bjec..°„,IL.hTir4°S"l,*lmr"'' '" ""'■"""^ "' « »«'' '"»-»» revi.?d r;sSs'Lrp=, jCr .t si"f "S'or't-L" -r^TO- " - ture, that exception was lalten to the sale of iSt tolJr^Lh « Newfoundland Legi.la- resulted in the'pas^ge of an Act ti give effect to it ' '"""'""°"- ^^'' ""J""'""' .-IneoewetaiyofStateforthoColoniespionou'nced tl,i«nntinn„'.l..iM <• , land Government to be an " entire departure ° ,""" T' ""J"" ">■ *e Newfound. polic\' which has been 80 lono- {ifniA..orf+r. ".,, ^ +u -n-n ' irom the - Si" ^ f^x,f BS£S ESS- - wtem had mperindSn the Lrpeau^^ S, aSv^Iif """t l''-r"\!«»'"'y longer profitable to the olonisU "I""" """"etb, and whicli rendered lishiug no the,L^°xra^e'■!^™?:hr';o'^'^:B:-'A«' r"* c?-?^' <■'''■>" '^s d.te up ,„ again.r.hetS TfoEl,' wr'e''boum''v«'''' fl" "" "" Newfoundland coast S 163 'oved by His Excel- oh, 1892. erution a telegram 'Newfoundland, with that they arc com- lort of hori'ingH, on ■oposed convention tence of Canadian )ns of the Bait Act ' far as the Minister 'as adopted, tisliermen engaged 1 a communication 'foundland that in ad been invariably le representatives wfoundlandLegis- it at such times as in its first stage, difications, did not hermen. Arrangement " as oundland Legisla- en. This objection of the Newfound - * from the xbmitted for Her ', and notice had practice, 311 on the whole legislation would e French bounty dered fishing no this date up to e representatives ch removed the , such as are now 90, when the Act ling of the kind. Act to British ladian fishermen uutryraen, a fact ited 27th April, foundland coast been disastrous h fishermen and nen in common with our own are seriously affected by the bounty assisted rivalry of foreigners and must in a corresponding degree ho benefitted by our conservative legislation ' " The working clauses of the Act are such as local knowledge only could have wisely devised for its eftoctive execution an^ I may observe that they were adopted mainly by their regard to the application to the limited number of our own people bu whom it was thought the chief efforts might be made to infringe on its provisions." The italics are those of the Minister of Marine and Fisheries. Sir Eobert Thorburn in a communication of the same date tothe Colonial Office said : — ' " No difficulty will arise in procuring the license required by the Act as it cannot be supposed that regulations will be imposed that will hamper the operations of our own fishermen in an equal if not greater degree than those of our neighbours " It was not, as already stated, until the year 1890, when the Bait Act was first enforced against Canada, that the supply of bait to the French by Canadian fishermen was alleged as u justification of the course adopted by Newfoundland towards the Dominion. In Aftril of that year, the Honourable R. Bond, Colonii.l Secretary, writin,-' to Mr. Cecil Fane, said that it was found impossible to enforce the bait Act if British ships not of Newfoundland were permitted to take supplies, which in many cases find their way to St. Pierre, and under the circumstances, the Government had no alternative but to put all outside vessels on the same footing under the Bait Act. The foregoing complaint, it will be observed is entirely general in its character and there is not on record a single case of the violation of the Bait Act having been brought to the notice of the Canadian Government. The fear implied in the Colonial Secretary's letter should, however, have been dispelled by the intimation conveyed to the Newfoundland repi'esentatives of the willingness of the Dominion Government to frame legislation to prevent any violation of the Bait Act by Cana- dian vessels on condition that the privileges hitherto enjoyed by those vessels in common with those of Newfoundland was restored to them'. There is, it may be remarked, reason to believe that the colonists of Newfound- land carry on an extensive traffic in herrings procured at the Magdalen Islands and sold by them at St. Pierre at remunerative prices. On one occasion it was reported that a fleet of about sixty sail resisted the authorities to such an extent as to thi'ow one man overboard in carrying bait from Fortune Bay to St. Pierre. It is submitted that instances such as the above illustrate the source from which Newfoundland has reason to apprehend obstacles in the enforcement of the Bait Act, rather from Canadian fishermen, against whom specific charges have never been formulated, nor can a single instance be adduced in which the " early bait " required by the French has ever been supplied to them by Canadians with fish taken in Newfoundland waters. It is moreover to be remembered that there is nothing to prevent Unitea States fishing vessels \^hich are permitted under the regulations of 1891 to obtain bait without license fee from resorting to the practice of supplying the French with bait. In 1890, Mr. Bond assumed the position that it was necessary to put all outside vessels on the same footing to ensure the proper enforcement of the Bait Act This necessity however was ignored in 1891, and while United States fishermen were accorded every facility for obtaining bait, Canada was not only prevented from pro- curing It, but by a strict interpretation of the term " b.nit fishes " the traffic of Canadian vessels in "frozen herring," whether for bait or for purposes of commerce was prohibited. . ' The Government of Canada cannot but regret that the views expressed by Sir Eobert Thorburn in his letter of 27th April, 1887, as to the desirability of British fishermen retaining control of the bait supply, appear not to be api)ieciated at pre- sent in Newfoundland. In that letter Sir Robert says :— " The inference drawn by Sir G. W. des Voeux * * that Canada wouldsufTer from its disallowance, inasmuch as Americans and other foreign fisher- men •.vould coatinuo to procure their bait supplies in ISewfuundland waters, parti- \6l 15 I relnining the nndiviiled cont -ol J ,o ml, , f, '}' f«"«l"l'ty of firiti.!, Sehermen thorn ,. v„,„„ge g,.„„„., „.e";'th„'ir ZZT,T.iZ':ST^ "'° ''"'""''P'^' »'"'"« representatives in London in Aufl-Lr ^a^ ! "t the ^^onference with the Canadian cufty, when the report o? tho Commissfon 'of Fnn.^^"l ^° ^''^^ ^"^ ™««^ ^^^ ^i^' bi8 express recognition of '' theTmnor tonco of ".^"'-'^ ^^^^ ^«"" '•«««'^'«d, nor with between Newfoundland and Canada '^ '^' ^^® '""'* ^'''•^'"' relations GoveTi^e^^nZe Sl^roTX^^nl^nr^Sir ° '^ \^^ Newfoundland Convention between that country Trthe Un ted Si 'TTT"^ ^^^ proposed foreign to the question at issue "**""' "' '"Producing an element ^^-o'^o:Ztr:rfeSX^^^^^^^^ Government to refuse to waters detrimental to British H^bltBerstr3l^'*'''™'",°5 '^*^"*'"^' *" «"t'«»^ cation for the lefusal to permit the CanrHnn!-^ ^'^ ^^^"J'^^d as affording justifi- rights in British waters ^ Canadian subjects of the Queen to enjoy their by Sh"EoL'rriToS:nr"t"tr tim^e^flt '"''i^ '"^ ""'T'^ '''^' ^»^->--" '-^ different character to hVv ews wS anfeL ff 'l'r'?"^^"'"^T^" i^»'* ^''' ^^"'^ ''f « ties at present, respecting thrappStion'^o?tL/R?i' l\' Newfoundland authori- crimination againsf Cana'da in Sour'o7tire Un t^ Stt'es'' ^""'■''"'" ""'^ ^'" ^'«- relatfo?to tt "uest^oftttanar^G^!; ''' '''' i^' ''''' «'^ ^^^'^ert says in should be delayed^^nt 1 Camd?an on l?LTh '"' '^"' '^'' ^'''''' '^ '^e Bait Ac" pretation. ^«niiaian opinion had been expressed relative to its inter- and i;ittroTt;itrct;'aM^^^^^^^^^^ ationof the question hCfar theVov^rnmenfor government save that of Hei Majesty hLa^vi^ht^n""'^^'.^" ''"^'^'^' ^^''^ °^ «".y involves the rights of the letrisE^Af ^ 7 ^n* *? interfere in a question which deem proper ftv the r gu latlo i S L own l^tZ^^^ nvake^uch laws as it may property rights which fre n^ affeited Z JlfJfi.f "'y? ^""^ the conservation of its nnder the p^posed Act. irUerfodng SSntS^^^^ ?^^f ^° '^f' ^P^rutions of Her Majesty's subjects " . ^ "»fteientially with the privileges of any j^ortion e^prltLfZZ^I' ^^:ri':^ -\clo- his report without Majesty's Government ^ ^^® Colonies for the information ofHei Her so moved to All Of wkch i, '^>mri^<,^.i;^^i;!;v:^^i^s:rf-.,,.o,., JOHN J. McGEE, Clerk of the Privy Council. [Enclosure 1 in No. 171.] Governor of Neufomdland to Mis Excellency the Governor General. T?of^^..;^ * , ^^^* November, 1891. to 165 a Derfectly correct ' British tishormen bait supply, giving vernmcnt does not (vith the Cnnadinn 1 to meet the diffl- received, nor with t cordial relations the Newfoundland iting the proposed lacing un element ment to refuse to tooting in British s affording justifi- en to enjoy their t the opinion held Bait Act, was of a Dundland authori- liaiis and the dis- ir liobert says in t to the Bait Act ttivo to its inter- !e with the spirit [ waive considor- leed, that of any i question which h laws as it may )nservation of its their operations !s of any portion report without 0 the foregoing iry, lat Your Excel- 1 Right Honour- rmation of Her also moved to aroval. 'vy Council. eneral. aber, 1891. export of bait opposition to Newfoundland's proposed Conveniion with United States of America, and the persis- tence of Canadian tishermeii in suj)plying the French with l.uit to the injury of thi.-. Colony, compels Newfoundland ir if protection to continue the restrictions of export of herrings. • GOVERNOR. No. 172. Eepokt of a Committee of the Honourable the Privy Council, approved by His Excellency the Governor General in Council, on the 1th March, 18'J2. The Committee of the Piivy Council have had under Cf)nsideration a report dated 4th Mai-ch, 1^92, from the Minister of Marine and Fisheries having reference to statements made that American fishermen were permitted l.y Newfoundland to fish within the three mile territorial limit from which they are excluded under the Convention of 1818. The Committee on the recommendation of the Minister of Marine and Fisheries advise that Your Excellency be moved to forward a copy hereof to the Right Honour- able the Principal Secretary of State for the Colonies for the information of Her Majesty's Government. All of which is respectfully submitted for Your Excellency's approval. JOHN J. McGEE, Clerk of the Privy Council. [Enclosure 1 in No. 172.] Ottawa, 4th March, 1892. To His Excellency the Governor General in Council. The undersigned has the honour to report, for the information of Your Excel- lency, that having observed in the ii<»uo o{ tho Cape Ann Advertiser newspaper of Gloucester, Mas.s., of 2ath November, 1891, a statement to the effect that American fishermen were permitted by Newfoundland to fish within the three mile territorial limit, from which they are excluded under the convention of 1818, hecaused enquiry to be made, so as to ascertain whether the statement was true. The enquiry shows, that while at that time it was not known that any official permission was formally granted to United States fishermen to enjoy the inshore fisheries of tha Island, it was probable that in effect that was accomplished by non- intervention on the part of the authorities of Newfoundland with the oi)erations of United States fishermen. Subsequently, however, the undersigned received a clipping from the St. John's Evening Herald of 29th December last, hereto appended, derailing the methods ■which were resorted to in t lis direction. These consist in an agreement between parties serving as fishermen on board of United States fishing vessels and the master of the vessel", by which they engage to serve until a fare of herring is obtained, or until the schooner clears or Hails,''and to aid and assist the crew of said schooner with their labour, boats, nets and other fishing gear, to secure and prepare such fare of heiTing. They further engage to serve and fi.sh under the direction and command of the master, either on board the schooner, or in boats, or on shore, wherever the master may direct. The master agrees to pay a certain sum for every tub of herring put aboard his fichooner, the sum to be divided among the fishermen in proportion to the number of fish caught by each. A release is given to the master of the vessel from all claims or demands for wages by the men as " recent fishermen " on his vessel. Then follows the discharge of the fishermen. i 166 Unitld Stat': fS™ tVttZtr 'T^^TT '^.'^ *^>"« ^'^^'^'^^ the iUeJco^r^:; .llU'ca^Tan S """^' ^" ^^^"^^ ^^'« ^^^^>' '^'^^ ^^ ^^^ tariff c,f SiT ;;;.e\'So;d,:,'iu;h .",^5!i'i°' "'''""''■^ '°'' .^"i^"- ^p«^«^^«"« «•«« -^ charge. impofed'i VVo"u l>rSsVn^'^?,n '^V^^^^^'^r "^- '^' P'"'^^"'e duties ents thus adopted; as ^dlllvelxplS '"'' ^'"''""" '""^"^^ "^'' ^>' "'" •^•^P^'''" Winter Tc7A%t^'tl!!!"T'T' t^ "»d°rsigned enquired from Sir James n,ent^r;.bs;:nZ'f ::!ltt" '""^'^ '^P^'^^^'^^'- ^^ ^^^" '^^ ^^^^--^ ''-^ ^^e «tate- attonTi;:;;>V'ToSrExt'lt?;'f ••'i^ ;;PP-^""ity should not be lost of calling the placed in the wateT^ of S^^ ti«hermo>T are coas^S";rSS lllIEs'^l^i^.b''^?^!^^ "'?" ^^r^^^^i vessels on her hitherto they had onhved i n ^om ^w 1 ^v r P"';^^''**^'%' bait supplies, which "^"a^^|;\V'T^"' ""^^ respectively, on the Canadr^rontaterS^tlte.^'^^^' ''' ^" ' *^"^'"^ ^^*^'' ^--^'» -^^ions, MaieJty^ G";ornmenrlh?t"Ihr;ru;di'''h^\":r''^"^^^ ^"^'^ ''-^ ^•^•-' ^o Her be ippiied to BitiTh sublets wen f^ml n '^ these fees were levied would not from' obtaining bS deS 'thim the^^^^^^^^ ""^ P^'^h.b.ted Canadian fishermen cha.J?h\*":'Srhtn?*""''/^^^^^ th« Canadian ...ader. .0 pur- fi,hJLt^?m SfptSTtho oi'viabr'"",-"" T'"" "','• "" U"""" states much mo. favourablea, rcgardr;^ru?ISf ,?Ji^;r^o:,,'Sr TlT.^cI'T;?"". 0 herring Nhipped lat tho Nev.foiiitl- r, boats, nuts and Newfoundland, to md caught \>y the the snmo ue the lUH described, the fie Convention of d by the tariff ci 18 free of charge, hormen, l)Ut they hing gear, etc. protective duties 'aters by British di by the expedi- 1 from Sir Jam^s General of the iated. 1 that the state- st of calling the n lishermon ai-e ib thus greatly t. g vessels on her supplies, which ectively, on the foreign nations, in given to Her ivied would not dian tishermen he effect of this [uire comment, nterdicted. anadian vessels traders to pur- lishormen for he exportation tion the Now- of the United ( of charge and United States essing all the !8, but will be ning a position his cannot fail hampered upo- bn 1 to the French various reports to iivvo violated tho Bait 167 to give them an undue advuitage in competition, not only over tl rations of Canadians, but « or Newfoundland's own colonists as wv Newfoundland has endeavoured to delond her action and ali.tude towards Canada on most singular grounds. It was alleged that the assurances given by Sir Ambrose Shea and Sir Ilobert Thorburn, in 188". of a uniform application of the Bait Act to nil British subjects should never have been asked by Canada, mid were not such us should be held by Her Majesty's CTOvornment as binding; that they could not bo binding upon the preseni (Toverntnont, etc. Also that it iiad become necessary for Newfoundland, in self dote lao to exclude Canadians, because of their action in supplying bait to the Fn-nch. They were accused ol \ lolating tho Bait Act luul otherwise supplyinir fishermen. All these arguments were fully mot by tho un(ler>iui Your Kxcellency during the past two years. It was shown tnat Canadians had not been proven Act; that on the contrary tho principal defeat of the Bait Act, if any, as regards the French, was brought about by tho Newfoundland tishertnen, who supplied the Islands of St, Pierre and Miquelon with bait from tho Magdalen Islands, Also, thai Canada had offered to pa-is an Act to jirevent any possible violation of tho Bait Act by Canadians, when her I'ights and privileges were restored, Newfoun Hand, it is true, has proposed that Canada shall pass u Bait Act on similar lines to their own, to e.Kclude the Frei.ch tishermen from the bait supi)ly, and to assist in enforcing their Act against the French and help to recompense certain losses made by stopping the supply of bu't to the Frencii. This proposal has already been dealt with by tho undersigned in his report em- bodied in the Minute of Council of 21st November, 181)1. (7-18 H. I.) The undersigned, however, would briefly refer to the stress which tho New- foundland authorities appear to lay upon the non-existenco of an anti-French Bait Act in Canada, contingent upon the existence of which they aver shall be the bait supply to Canadians, If this ubjoctiou be well founded — and assuming for the moment that it is — and the exclusion of British subjects from participation in the bait supply, thus justifi- able, it may bo asked how ihe French than are the United States fishermen. Still, the United States vessels have no difficulty in obtaining all the bait they require. It would appear to the undersigned that to be consistent, or to give any force to the objection raised, it would be imperatively necessary for the Newfoundland authorities to extend the same treatment to tho United States vessels regarding the bait as is shown to those of Canada. Therefore, the refusal of bait to the Canadians, while allowed to the United States citizens, is unjustifiable for tho very reasons given to support it. The Newfoundland authorities assert that tho action taken by Canada to induce Her Majesty's Government to fully enquire into the probable effect of their proposed convention with the United States upon British interests generally, was responsible for the course pursued by Newfoundland against Canada, Canada's action in this connection was, it is submitted, not directed against Newfoundland, but was solely in the interests of British rights in America. IMAGE EVALUATION TEST TARGET (MT-3) ^ & /^ 1.0 I.I 1 4.5 150 12.8 J6 |12 ■i WBHM 63 r 14.0 11-25 iu 2.5 1.6 150mm V <5>. 7 ^; o / /. /^PPLIED_J IIVMGE . Inc ^a^ 1653 East Main Street .^=r'- Rochester, NY 14609 USA .=r.i= Phone: 716/482-0300 •i^=-J= Fax: 716/288-5989 © 1993, Applied Image. Inc., All Rights Reserved ,\ i\ J^ 'V^ %^ O^ ^v ^t- o 168 These the Convention of 1818 clearly defined as uttectins; the fisheries, and certain i-ights were thereby secured to the United States, while certain claims were renounced by that nation. Any separate arrangement which assisted in placing foreiijcn fishermen on a more favourable footing in British waters must, necessarily, be carefully considered in the interests of all parties concerned. Canada, in all her dealings of a similar nature, had fully advised Newfoundland as to negotiations. In the treaties of 1854, 1871 and 1888, the consent of Newfoundland was made contingent to ratification. But, in the draft Convention, Newfoundland had entirely departed from this rule, and sought a separate arrangement. There is no force in the pubsequent suggestion that the convention was not to be interpreted as discriminating against Canada and other countries in favour of the United States. The language of the di-aft convention bore such interpretation, and consequently could not be disregarded. United States fishermen at that time were more gener- ously tieated by Newfoundland than were Canadians. Besides, Canada had already experienced such treatment at the hands of New- foundland in the light of previous pledges, that their Government naturally viewed with alarm the investment of any further jjowers to the Executive of that colony, calculated to increase their opportunities for discrimination against the Dominion. If the information which has reached the undersigned as above set out bo correct, it would appear that the Government of Newfoundland is indirectly if not openly, conceding privileges to the United States, contrary to the provisions of the Treaty of 1818, and which she denies to a neighbouring British colony. The undersigned deems it his duty to bring these facts to the attention of Her Majesty's Government, and accordingly recommends that this report, with its appendices, be transmitted to the Eight Honourable the Principal Secretary of State for the Colonies, for submission to Her Majesty's Government. Eespectfully submitted, CHAELES H. TUPPEE, Minister of Marine and Fisheries. [Enclosure 2 in No. 172.] (Evening Herald, St. John's, Tuesday, 29th December, 1891.) American Fishing Agreements. — Their True Inwardness. — How the Wilv Yankees use our Fishermen to their own Advantage. We have been favoured with copies of certain documents relating to the business of taking herring in our waters by and for the Americans, which discloses a depth of rascality so tar as the chief actors in the business are concerned, and recklessness and folly as regards the interests of our own people, of which the most infatuated followers ot Mr. Bond's will-o'-the-wisp will be ashamed. The documents speak for themselves more plainly and more loudly than any words of ours could do. The first is copy of the articles of agreement, or "fishing articles" between the master and owners cf the American vessels, sent down to our ports to procure frozen and salted herrings, on the one side, and the so-called "crews" of these vessels on the other. It is as follows : — This agreement made this day of 189 . by and between Captain of the American schooner of the first part, and the persons whose names are below subscribed intending to serve as fishermen on board said schooner of the second part, witnesseth as follows : — First, — The said parties of the second part hereby agree, in consideration of the agreement herein made by the par^^j- ..I'ihe first part, to serve as fishermen on board ;iniiC the fisheries, and lilc certain claims were igri fishei'men on a more ofully considered in the advised Newfoundland ewfoundland was mt;de ely departed from this convention was not to untries in favour of the :ation, and consequently- time were more gener- it at the hands of New- nnient naturally viewed cecutive of that colony, against the Dominion, above set out bo correct, idirectly if not openly, lovisions of the Tj-eaty ny- to the attention of Her this report, with its cipal Secretary of State t. rPPER, arine and Fisheries. ler, 1891.) !S8.— How THE Wily VANTAGE. i relating to the business lich discloses a depth of irned, and lecklessness sh the most infatuated le documents speak for )f ours could do. The js " between the master to procure frozen and s" of these vessels on 189 . by and between of the first part, and sei've as fishermen on in consideration of the as fishermen on board 169 and to us« r«ir h« f ir. "S l^«'-''>"^,>\'^bt«ined or until said schooner clears or sails. «niI«Af -H « K- ®***""^' '^"'*'"S •*" *^« ^'""^ ^*''« a>«"'eement remains in force for the success of said tishing enterprise, and to aid and assist the crew of the said schooner to he bes of their a'&ility, with their labour, boats, nets, or other hshing gear to secure and prepare said fare of herring. And said parties of the second part further ES ^iT'^K """ ^'^ -'t' '^' ^^'■«^^'"" ""'^ «""»"^'^"'^ «f «"id capture the. oi board sad schooner or in boats or on shore wherever said captain miy direct. A herring taken by the parties of the second ,)art shall be delivered on board sai ^tTJ\ ^' •'. """"^'T'"^ T^ ^Py^'i that the parties of the second part shall! n F^parfng saw'Sp!'"^^ ^^' Hsbermen, boats and gear, to u.ssistin procuringani Secondly, And the said party of the first part agrees to employ the said parties ?i^ tY'"""? P"'> ?' "•'^^^ '^^ ^'"'•*^' »« '^««P «" ««««""t of all 'fish caught and S pay the parties of the second part in full satisfaction for all services rendered under this agreement the sum of^ for every tub of herring ladened on board S SfiTby each'ca^Jht '"^ "'""""^ '"''^ ^'^'''^''' '"^ proportion to the nunri The above agreement was duly executed by the undersigned before rae this day of 189 . RELEASE. nf fv,?!'^* '^. ° ^"•"'".''^ ''^^'^a^.^ or discharge, to be signed by the so-called " members We, the undersigr.ed, recent fishermen on the schooner , do each one ' [or himself, by our signatures hereto, given in consideration of the settlement made !„•-? u ^ „^\. P^^'t o^ . i-elease the masters and owners of rnon'si^Tr«Tn?''™ "" '''^T" ""1^ "^'"""^^'^ ^^'* '^"««'' '" ''^'^P^^'t '« ^^^vices rendered upon said recent voyage and employment. follows^— ^ " certificate, to be signed by some competent Newfoundland official, as ^hnvinfn.^K-^i;"^"^'^'''*^ the particulars herein stated are correct, and that the Above named fishermen were discharged in my presence this day of Then comes a form of affidavit, to be made before some competent authority in his country, to the ettect that the " fare " of herring shipped on board of the vessel ^ZLT^^'^'r^K^' "'"'''f'" and crew, and that the Newfoundland fishermen, as foUows !1! "^'^' "' '■' """^""^"'S and preparing the herring, etc., as m, the undersigned, recent fishermen on board the American schooner «n oath say that tne fare of herring now on board said schooner were caught by the captain and crew of saia schooner, and that we, as members of said crew, assisted with our labour, boats, nets and other gear in catching and preparing the same. S.S. jgn Then personally appeared the above undersigned, and made oath to the truth of the above statement by them subscribed before me. 189 Las^ and most villainous of all, is a certificate to be signed by some competent public official in Newfoundland, as follows :— ^ tomi)eieni I heieby certify that the fare of the American schooner barrels of frozen herring, do salt do Valued at $ ItwKv""*''^.-"*fi'?'^''^"'''''?'^u'''''\'''"Slitbythe crew of the said schooner, assisted by native fishermen, and that the same are the product of the America.l nsnei'ies. }\ \\ I r- 170 In oitler to understand the full import of these documents, and the arrange- ment under vhich thoy have been prepared, the following obvious facts and con- clusions must be kept in view : — First. That the American vessels and their crows which have been sent down to our bays (notably Piacentia Bay) in such numbers to prosecute this business, have been fitted out and engaged upon the faith and assurance that the terms of these agreements will be carried out, and that by the assistance of the certificates, affidavits, etc., the forms of which (printed) have been SUPPLIED TO EVERY VES JEL. Second. That no American owner of ordinaiy "cuteness" would fit out and send his vessel on such a venture, without a complete assurance lijat all these arj-ange- ments with his creAV would be carrief the Newfoundland ishing of the required I prescribed by their effect in only in keep- , the "points" of this al privileges of secur- f any kind, but that vaters, in competition •ther, that they are to n, in th'» free admis- jur fit en have to vants. thtj ''hewers of 00 their (the Araeri- •tate their own terms in the United States idland fishermen, but angemont. Americans, absolutely to free fishing in our frco mirkets in the n the empl6yment of jh " fish for them, and id of certificates to be baiefaced and shame- 1 benefit of the protec- American fishermen Newfoundland fisher- sy and barefaced lie, Itates revenue is to be as well as Newfound- ion. [KiicloHure 3 in No. 172.] St. Johns, Newfoundland, 22nd January, 1892. fi,r.J!^^^ ^^•^' Ti^?P*=« — J h'vvo just received your note of the 9th and have only time to say ,n reply that I have no objection to your naming mo as an authority in T^rl.;".- \V^" ^U^tement in thoEvenin,, Herald, in your communications wit^the th/ZJ T'"T?l- ^' ""T ^Vt^^ '^"' ^^ ^h''"''^ b« '"'«^^" '^t headquarters that Ixnrl?. 1 ITf ''^ the peopfe of the colony on this question is not re'presented or tSTif.l Its present rulers. But that on the contrary, so far as we'can gather, there i« a greatly preponderating if not overwhelming opinion and feeling in the colony antagonistic to the present anti-Canadian and anti-British conduct. In haste, vours sincerely, J. S. WINTER. No. 173. BuR.jEs, We.steh\ Shore, Newfoundland, l.'nh :Maiuli, 1892. Hon. C. H. Tup:'Eu, X'lnister of Marine and Fisheries, Ottawa. Sir,— T have the honour of writing you requesting information at your earliest convenience as to whether my having made use of my • -od seine last summer ..n the Canadian Labrador shore," oy paying the license for that privilege for my schooner T ?•!• r * ' •'' I" *'"" '''T' l"-'^"*'«'' ^^ill ''e extended to me the coming .summer, should I think of going there, "l,y paying the license as required." I have the honour to be, sir, Your obedient servant, JOHN VACHEB, Jr. No. 174. Office Board of Trade, 10 St. John Street and 39 St. Sacrament Street, Montreal, 17th March, 1S92, Hon. Charles H. Tupper, Minister of Marine and Fisheries^ Ottawa. *^.',"t{-''*^,^'^ *l^^ honour to communicate the following minute adoptefl by the council of this board on loth instant as the result of its consideration of the probable OSS ot trade to this country in consequence of the tariff difficulties between Newfound- land and Canada :— That the council is o« opinion that all retaliatory legislation "against Newfound- land should be withdrawn and that diplomacy should be trusted to arraiu-e other matters m dispute, and further that the government should be sustained in its opposi- tion to a treaty giving rights and privileges to a foreign power on this continent in the British North Ainerican inshore fisheries, which, jointly with Newfoundland, belong to the Dominion of Canada by birthright and immemorial usage." As the publication of this minute might be deemed inexpedient by the government It lias not been communicated to the newspaper press. I have the honour to be, sir, Your obedient servant, GEO. HADRILL, Secretary. P.S.— A similar letter has been addressed to the Hon. J. J. C. Abbott, Premier. ti 172 No. 175. Ori'AWA, 19th Mivich, 1892. Geo. Hadkill, Esq., Secty. Board of Trade, Montreal. SiK, — I bt'K to acknowled<,'e the receipt of your letter of the 17th instant, com- municating a minute adopted by the couneilof the Montreal Board of Trade on the l.")th instant, with reference to the possible loss <:'. trade to this country wiiich the Ijoard apprehends will arise in consetiuence of the tariff' dithculties between Newfoundland and Canada ; and to inform you that the views of the board will receive careful consideration, I am, sir. Your obedient servant, S. P. BAUSET, Acting Dfpntij Minixter of Fishfriea. Mr No. 176. DePAKTMEXT of FlSIlEKIES, Ottawa, 29th March, 1892. John Vaciiek, Jr., Burges, Western Shore, Newfcjundland. Sir, — T beg to acknowledge receipt of your letter of the 1.5th instant, asking whetlier, in ease your vessel should repair to Canadian Labrador shore this season, you will be allowed to fish with cod seines, on paying license fee ? In answer thereto, I am directed by the minister of marine and fisheries to state, that the subject of allowing Newfoundland vessels to fish in Canadian waters is under the consideration of the government, and it is pcjssible that fresh legislation on this question may be submitted for the consideration of parliament during the present session. I am, iin\ Your obedient servant, .S. P. BAUSET, Acting Deputy Minister of Fisherieti. No. 177. 30th March, 1892. The following telegram has been sent to governor of Newfoundland. Canadian government telegraphed on the 1st of March suggesting that pending pro- posed conference, former status he reverted to, Canadians being allowed bait and bait fishes as Americans without charge for licenses, the exceptional duties imposed on Canadian imports into Newfoundland to be removed and Newfoundland fishery products to be admitted free into Canada as before. They also cordially acquiesced in proposed conference in L. BAUSET, Minister of Fisheries. 30th March, 1892. vfoundland. ggesting that pending pro- ving allowed bait and bait itional duties imposed on foundland fishery products illy acquiesced in proposed a act. I telegraphed to Canada , and before holding it the ecision might be communi- KNUTSFORD. 178 No. 178. Office of the Boauu ok Tuade, 10 St. John St. and .39 St. Sacrament St., MoNREAL, 1st April, 1892. Hon. Chah. H. Tuppeh, ^Minister of Marine and Fisheries, Ottawa. nl,.,.«^"!'~T^ '"'r ^'''' '""-'""'•.*" '"^"••'» >•••" thata.,uarterly meeting of this board takes plate on Tuesday next, :,th instant, at which it is probable anxious en.miries will be Zrt,"v\'.;v*"f "*,[''" r'"""''' '*""*'^ *" P''"'^"''« " <--«"tinuance of the trade of this countjy with Aewtoundland. n.nt.P'l TTl\ '''"'" ""' ''f'l' *" ''■'''" '" "''y "'"y *'• P'-^^^ ^he government in this mattei biitit there is any information which miglit be communicated t.. the mem itZ tni"* Ti"' 'l"'"'^«''y '"««*'"« assembled, the council would be glad to receive It in time for that purpose. I have the honour to be, sir. Your (jbedient .servant, GEO. HADRILL, Secretary. No. 179. (Teleyram.) HvuFA.v, N.S., 4th April, 1892. Hon. Charles H. Tupper, Minister of Marine and Fisheries, Ottawa. Can you kindly inform Board of Trade meeting Wednesday if any steps yet taken towards modus Vivendi with Newfoundland ? J y V y^^ "iKen ARTHUR P. SILVER. No. 180. Ottawa, 4th April, 1892. George Hadrill, Esq., Secretary Board of Trade, ^lontreal. Dear Sir,— I have your letter of 1st instant, asking that you be supplied with any intormation which might be communicated to the Montreal Board of Trade at its quarterly meeting on Tuesday .5th inst. ,\. ^ TI r^ ^^^^ ^'"" """^ '" ," position at present to give any further information than what has already appeared m the newspapers, and to state that as the matter stands the position is that Canada is willing to revert to the position prior to the o?^rTr f°L«-'-? V ^^f ' 'n" \ ''^"'"^' *° •■^^*°'-« *« Newfoundland the suspension 1 If 1 • I '^ Newfoundland removes the restrictions regarding the bait supply and the trafhc in frozen herring and the tariff of 1891. ^ ^ Yours faithfully, CHARLES H. TUPPER. ^ 174 ! (I i ! No. 181. (Telei/finn.) Ottawa, Dtli April, 1892. Arthur P. Hilvkr, Ksq., Hulifax. The imperial govermiieiit has conniiunicated our proiKwal for a modnn vivendi to the governinent of Newfoundland. It is practically that we resume the ntntn ([uo, 1H89, pending a friendly discussion by representatives of l)f)th countries at the colonial ortice, pending also a decision of the judicial committee of the privy council ujion the existing bait regulations. We have no reply yet from Newfoundland. CHARLES H. TUPPER. No. 182. Office of thr Board of Trade, Halifax, 16th April, 1892. To the Honoura))le C. H. Tupper, Minister of Marine and Fisheries, Ottawa. SiH, — I have the honour to forward you the following resolution passed at a meet- ing of this board held on the 6th inst. : — That whereas, the Halifax Board of Trade is deeply sensible of the grave injury to trade that results from the hostile legislative enactment between the governments of Newfoundland and Canada, and of the great loss and inconvenience that are inflicted on both countries by the present position of affairs, be it resolved : (1) That the Halifax Board of Trade urge on the government of Canada by special menioiial the desirability of arranging, if po.ssible, a modus vivendi under the terms of which the hostile tariffs and enactments of both countries should \ye held in abeyance until suflicient time is given to enable diplomatic conferences to adjust the whole ditticulty. (2.) That the Halifax Board of Trade is of opinion that the Bond convention between the government of Newfoundland and the United States would aff^ect Canadian fishery interests most injuriously, in that the produce of the Canadian fisheries would compete in the American markets with the produce of the Newfoundland fisheries at an enorai- ous disadvantage, represented by the .severe duties exacted from produce of Canadian fisheries, from which the produce of Newfoundland fisheries would Ije exempt. And that the Halifax Board of Trade deem it desirable that the Canadian government should use every possible effort to prevent the Bond convention from being carried into effect. (3.) That the Halifax Board of Trade should also memorialize the Canadian govern- ment to urge on the Newfoundland government the withdrawal of the Bait Act directed against Canadian fishing vessels, on the grounds that its enforcement is a violation of the pledge given by the government of Newfoundland, is opposed to the comity that should exist between colonies under the British flag, and is not a fair return for the port privileges which Newfoundland fishing vessels enjoy without restriction in the Canadian and Labrador coasts and their free admission to Canada's inshore fisheries. I am your obedient servant, CHARLES M. CREED, Secretary, Halifax Board of Trade. No. 183. (Telegram.) Ottawa, 23rd April, 1892. Sir J. S. Winter, St. Johns, Nfld. Are United Stfit<>s vp-ssels obtaining free licenses a.". l.a.°.t year ? CHARLES H. TUPPER. L\VA, 5tl» April, 1892. ,1 for a modim vivendi to tve resume the ntnt^i, i/uu, li countries at the colonial e privy council uik>ii the ^LES H. TUPPER. lOAHI) OF ThARE, ■AX, 10th April, 1892. solution passed at a nieet- ible of the grave injury to ween the governments of I'enience that are inflicted Ived : (1) That the Halifax 1 memorial the desirability t which the hostile tariflFs ce until sufficient time is ifficulty. B Bond convention between lid affect Canadian fishery 111 fisheries would compete and fisheries at an enoraa- trom produce of Canadian i would be exempt. And anadian government should a being carried into effect, [^alize the Canadian govern- tval of the Bait Act directed iforcement is a violation of posed to the comity that is not a fair return for the without restriction in the mada's inshore fisheries, rvant, ,ES M. CREED, .di/ax Board of Trade. WA, 23rd April, 1892. j'ear ? ^RLES H. TUPPER. (Tele;/ratii.) To Hon. CiiAiiLES H. Tippeh, Ottawa, Yes. 175 No. 184. St. Johns, Nfld., 23rd April, lf<92. J. S. WINTEH. 185. {7'elegram.) St. Johns, Nfld., 3rd May, 1892. To Department Marine and Fisherie.H. What restrictions will likely be enforced affecting fishery in Straits? W. H. WHITELEY. 186. (Telegram.) "VV. H. Whitley, St. Johns, Nfld. Subject still under consideration. Ottawa, 4th May, 1892. C. H. TUPPER. 17fl il 11 It i HI ' No. 187. Return showing the Quantity, V.iUio and kinds of Fish, Fish Oil and Fish Prtnlucts amount of (hity tlit'ivou wliicli would hnvc Im'cii paid if t\w duties Articlrs. Fish HkiiiH ivnil fiNli utfiil, iSio.., do &c., undn'HHfd, Ac. Collofk FreHli Dry salted Wet Kalted I'ifkled Halilmt— Fresh Pickled Herring- Fresh Pickled Hnioked Mackerel — FreHli Pickled Sea fish, other- Fresh Pickletl Preserved Oysters — Fresh in sht'll Shelled in bulk Lobsters — Fresh do in cans Preserved in cans Salmon — Fresh Smoked Canned Pickled Fish, not in barrels. Fresh . . . do all other — Fresh, n.e.s Pickled Fish oil- Cod Seal Other Lbs. Cwt, Lbs IW. Quantity. Brls. Gals. Brls. , Lbs, Lbs Gals. Totals. «l V»lue. a -X =• i.i "a B.t: e i l§ CtS. 3(),tK)0 14,514 40 48 1,200 460,000 7,070,776 U2 78,674 GO 7.700 1,000 731 640 35i:«3 H» 14,lt44',252 6 00 12 00 2,300 00 65 13 00 2,020 3 527 00 0 75 0 25 32 8 00 0 33 672,075 26,820 38,620 1,340 0,721> 75 134 10 180 fO 10 4,130 218,660 350 4,000 1 27,776 4,117 602 616,809 101,825 41,000 05,.528 1,806 3,713 18,710 43,913 764 340,503 1,018 25 3,743 20 8,782 «iO 150 80 22,600 46,696 51,092 677 17 1,525 8 etc. 12,976 00 60 00 38 60 10 00 3,658 20 74,721 'M 1 75 40 00 3 3,4^4 0 60 856 00 406 20 58 71 38,747 66,289 41 83 1,294 14,68r) 19,9.51 271 390,659 17 75 6,168 69 16 60 226 00 2,937 20 3,990 20 54 20 105,793 53 Customs Depaktment, Ottawa, 18th March, 1892. Oil ami Fiiih Piinlucts o Im'cii paid if tin' duties 1HN8. 0 00 85«00 406 20 58 71 i 17 75 38,747 0,168 09 83 l,2tt4 14,08(i 19,951 271 390,659 16 IH) 220 00 2,937 20 3,990 20 54 20 105,793 53 177 No. 187. iin|H.rUHl into Ciiniida from Nowfouiidiiiiid, mdi ywir, fi>r tin* past livoyoiirN, mid iiIhu tin- Imii'd uiMiii siiiiiliir iiii|.uitH fiDin tdhw (loiiiitrics luid l)(^fii icvii-d. 1889. • 18!K). 1M91. (juuiitity. Vuluf. mtii If --J ° « CtM. 1 1 (^ittiitity. Value. (Quantity. Value. liilll • • 81756 • CtH. « $ UtM. 7,(M2 3,487 43,492 714 217 46 89,222 1,515 4l(i 11 27(),M2 4,531 l,3i")2 71 a;!, 771 89,6!)1 11,8>C> fM) .•«),72.3 119,322 l5,:«)t ,'Hi 89,571 3;«,177 4J,78.j 50 1.376 2,847 688 (N) 13 14 (i M !,.•);«> 0,841 70.5 00 189 .•)3<; 1K9 00 1,823 4,.589 1,823 00 123 11)2 123 00 7,570 .378 37 88 3,700 170 18 50 7,!W5 467 39 98 M,'2r>0 610 im M 8,420 407 84 20 1,350 09 13 ,50 1,848, KM) i:«.272 9,242 (10 8;«i,»H) 6,72!) 4.181 50 1,725,2.50 17,091 8,02(i 25 16,874,921 2(W,.''>86 84,374 (il II,;»71,9i;2 236,1.52 5(i,8,->9 81 !>,(>7 1,922 196,18;i 4.5.374 01 2,8;J2 243 28 32 4,70<» 325 47 00 60 7 000 000 80 30 8 9 00 2 00 150 2 1 50 1,697 18 15 97 4 3 0 40 2 0 1 20 i,oo6 04 id 66 4,352 724 2,400 965 74 222 238 75 18 50 12 00 49,850 3,825 7,532 302 1,883 00 1,387 272 204 2(i 6 94 2 72 19 13 1,200 150 .37 50 9,100 1,237 309 25 9,275 1,(NI5 251- 25 495,905 34,051 4,!)59 05 236,125 28,920 2,361 26 1,3.33,310 40,036 13,333 10 3 5,498 0 00 1,312 80 52,300 13 2,83«i 2 m 523 00 131,280 40,400 1.8nuato 4 Ik.rthaM 5 Rowland 0 Notice 7 Eaglo H Bn)thoni !) Challentco 10 You and I 11 Thw, Brothein.., 12 Par§e« 13 BiRinarck 14 Olive 15 Manitoba 10 Polar Bear 17 Florenct) 18 Martyr 19 Youngr Brothers . 20 Ma^ Qn(>pn 21 Guiding Star . . 22 Ijady Ridout... . 23 Mayflower . . . 24 Lily 25 Hiawatha 20 Olivette 27 Romeo 28 H. F. Green 29 E«»rt 30 Hunter 31 Minnie E. Storey 32 Sea Bride 33 Elizzie 34 Stella 35 Elizabeth 3C C. H. Ayer 31 32 29 20 23 47 15 21 IH 28 21 21 63 23 80 60 17 16 16 22 2S» 34 40 43 44 15 69 46 68 28 19 36 29 48 8 H 5 5 li H 4 0 (i 0 0 8 10 0 10 10 5 6 5 6 9 8 12 12 12 11 11 7 9 11 8 6 6 11 Vi 12 Port of RcgiNtry in Newfoundland. St. (tporgf'K Bay. Burgt'H. Fortune Bay, do BuiftOH. do do St. Ijawronce. Phw^mtia. do Bonne Bay. firtHsn'B Pond. do Rose Blanch. Fortune Bay. Bonne Bay. do CaiM) Frail. Bonne Bay. do , Green Bay. Bonavista. do do . Cape Frail. Bonavista. do Cape Frail. St. George's Bay. Notre Dame Bay. do Green Bay, do do Cape Frail. I Bonavista. 180 II I' List of Newfoundland Vessels fishing on Canadian Labrador, 1891 — Concluded. Name of Vessel. 1 1 d Port of Registry in Newfoundland. , ^ y, 37 Brove 38 Lilv .Tovcc ' 40 20 39 52 49 27 41 45 41 53 (>8 57 20 50 64 07 12 75 15 15 15 15 15 50 50 43 42 41 ijl 00 47 05 60 40 48 36 10 15 48 38 31 44 33 40 38 40 30 48 45 38 07 56 25 40 70 08 33 18 30 30 38 49 8 7 11 11 12 9 11 12 10 12 12 12 6 11 14 17 0 18 4 4 4 4 4 11 13 7 12 5 5 10 10 12 15 10 12 15 5 5 12 9 5 0 5 10 11 9 8 11 8 11 9 11 11 11 14 14 0 5 9 7 9 13 3atalina. Trinity, do do Bonavista. Trinity. do Pindua Island. Bonavista. do Trinity. do Trinity. do 3arbonnear. do Bonavista. Darbonntar. Bonne Bay. do do do do Trinity. Harlxnir (irace. Burin. Bonavista. Fortune Bay. do Trinity, do do do do Carlionnear. Harbour Grace. Trinity. do Carbonne.-vr. Hau Harlxjur. Fortune Bay. Burin. do Trinity. ^° do Fortune Bay. Conception Bay. Trinity Bay. Bonavista. Green Bay. Green Pond. Bonavista. Trinity. do do Burin. do Trinity. Burin. Bonavista. Green Pond. V 39 Excel 40 Rose Glee . . 41 Island Belle 42 Starlight 43 Mary Grace 44 Larkspur 45 Maid of the Valley 40 Greel Loag 47 Mary 48 Elizabeth 49 Velox 60 Lushamia 51 Oleander 52 Henry West 53 Francis 54 A. W. Dodd 56 .TesHie 57 Penelopo 58 Annio Tjiiurip ... ■ . . . . .* 59 Keronia 00 Royal Arch 01 Bay State 62 Aaron Perkins 63 Jessie 64 Wm. Mitchell 65 Esther Thibault 06 Lady Thorburn 67 Nellie ... 68 Billow 69 Seaway . 70 Water Lilly 71 tTesaio 72 Mande 73 Orange Lily 74 Here I Am 75 City Point 70 Jim 77 Mary S. Jane 78 Little Gem 79 Mervyn 80 Forest Belle 81 Kestrel 82 Starlight 83 M. Florence 84 Olovia 85 Ernest 86 Ocean Queen 87 Delta. 88 Queen of the Fleet 89 Violet 90 Pearl 91 Druid 92 Annie 93 Spee J) o Sanuicl Blandford . . A. Stone Capt. Penny Capt. Smith 100 26 26 60 Capt. Brt)wn | 75 W. Whitely 200 25 600 No Newfoundland vessels fished at the Ma^..alen Lsland.s, and there are no fixed tishing establishments there owned by Newfoundlanders. Department of Marine and Fisheries,' Ottawa, nth May, 1892. :. tf i ••:■ i' !; I FURTHER PAPERS (23j) Respecting the enforcement by the Newfoundland authorities jigainst Cana- dian fishing vessels of the Newfoundland Act respecting the sale of bait to foreign vessels. Ottawa, 20th May, 1892. No. 190. ■Lord K7mtx/ord to Lord t'^tanky of Preston. Downing St., 26th Maroh, 1892. Governor General of Canada, «fec., jfec, jfeo. ^^ix}^^ J^T'TI '"'''f *^^ ^'""""'' *° acknowledge the receipt of your telegram of the I&th instant, stating the views of your mini.-ters m to the manner in which the Draft J^ewtoundland Convention discriminates against Canada in favour of the United States Sections iv and v of the draft convention on which your ministers rely in support of their contention are as follows : ^^ Article IV, ,u ^^? ?'f- ^•^'^^^'^tjo'^. «|'all come into operation, and during the continuance thereof, the duties to be levied and collected upon tlie following enumerated merchan- dize imported into the colony of Newfoundland from the United States shall not exceed the following amounts, viz.: — Flour, 25 cents per barrel. Pork, 1| cents per lb. 110 i?*'^^'^ "'^^ ^"'"^' *0"Sues, smoked beef and sausage, 2 J cents per lb. or $2.50 per Beef, pigs' heads, hocks and feet salted or cured, A cent per lb. Indian meal, 25 cents per barrel. Peas, 30 cents per barrel. Oatmeal, 30 cents per barrel of 200 lbs. Bran, Indian corn and rice, 12| per cent, ad valorem. Salt, in bulk, 20 cents per ton of 2,240 lbs. Kerosene oil, 6 cents per gallon. TT -.^"1*?^ following articles imported into the colony of Newfoundland from the United States shall be admitted free of duty. Agricultural implements and machinery imported by agricultural societies for the promotion of agriculture. Crushing mills for mining purposes. Raw cotton. Corn for the manufacture of brooms. Gas engines when protected by patent. Ploughs and harrows. Reaping, raking, ploughing, potato-digging, and seed-sowing machines to be used in the colony. Printing presses and printing types 184 Article V. " It is unclerHkK.d that if any reduction is inivde by the colony of Newfoundland at onv tin... du • !.' the term of this convention, in the rates of duty upon the articles Tied in IrS iv of this convention, the said reduction shall apply to the United ^^"* Thl obvious meaning of article iv is that when the convention conies into force and during itscontinuance the inaxiniuin duties which may be levied in Newfoundland Inci^rtXuwds mentioned imported from the United States are to be those stated in m •^'^■^^'l''" !'*'°"' "'^'" _ „f jutV with the exception of those on flour and pork, are the aLr^td u^r t e exr'ting'Newfoundland kiff Act, while section 22 of tliat act nt T have a re dv informed you in my telegram of the 1st inst provides that after the ™ron con ' "to force,^the duties on 'pork and flour are to be at the rates specilied '^ "£ cWt crvt:^'oran: Sural in an arrangement applying only to the United Stated 8pt£ only of goods imported from that country, but there is nothing m article ?v to impTy tUT^L will not extend to other countries the scale of duties 'P"' nieoverl'as I need scarcely remind you, the convention, even if it had come into foroo could not of itself affect the rates of duty on imports. force coulcl not . ^^^ ^^ ^^^ Newfoundland legislature, and as I have .Ireidv tfo ned you Tn my tdegram of the 1st inst., section 22 of the Newfoundland M A^t mles the reduction of duty on flour and pork, on the coming into force of ^'^ ^rSsteiJm:;lSt:S-that Her Majesty will not 1. advised to assent to any Newfoundland le^slation discriminating directly against the products of the ^"'"aITo article v of the draft convention, the obvious meaning of the provision is to .ntit^l United States during the continuance of the convention most favoured Sn treat^iilt n NewL^^^^^^^ with regard te the articles specifled in article v fdTdoes not appear to me to bear the construction which has been put upon it that In the evenrsay of Newfoundland reducing the duty on flour to 25 cents per Wei flour from the United States is to enjoy a further reduction proportioned to the ratio Stween the existing duty and that specified in the draft convention I am aware that S iSe prela^^^^^^^ v has not been put forward officially by your ministers bit iUms been mentioned in conversation by the high commissioner, and I think it S therefore to notice it, especially as article v is referred to in your telegram under aclnoSm^^^^^^^^ it is therefore possible that your government may ^hare the atknowleagmen^ ^^^.^ provision. With regard to the bear- rrof l?£t ™2n o" the treaty of 1818 and the act of 1819, the coiping into ^"g''V**'*',7T,t.non3ion would undoubtedly give to United States fishing vessels Swfoundlatl Tter^^^^^^^ in excess of'those allowed to them under the treaty but shX privileges are, without any .w=t of the imperia parliament, a pre ent accorded to United States fishing vessels in Canada on payment of a license fee of $1.50 ;^rtl and soTar as Canada is concerned, the convention would leave the treaty of ''' nStlVghirSab^ to give you those explanations with regard to the draft conven Uon as ft is manifestly de^rable that in the regrettable disputes between tlu^ dominion of Cannula and the colony of Newfoundland any misapprehension as to matters S f^t or of int^tion should be'cleared away, and thus leave the way open for a friendly settlement as soon as circumstances may permit. I have, &c., KNUTSFORD. ony of Newfoundland, iit )i duty ui)on the articles all apply to the United 'ention couieH into force ; levied in Newfoundland are to be those stated in m Hour and pork, are the le section 22 of that act, t., provides that after the ,o be at the rates specified plying only to the United there is nothing in article ntries the scale of duties even if it had come into legislature, and as I have I 22 of the Newfoundland I the coming into force of lot be advised to assent to nst the products of the ning of the provision is to jonvention most favoured des specified in article v, has been put upon it, that lour to 25 cents per barrel, proportioned to the ratio vention. I am aware that ficially by your ministers, mmissioner, and I think it to in your telegram under ;overnment may "hare the With regard to the bear- !t of 1819, the coiping into ted States fishing vessels 1 to them under the treaty, •ial parliament, at present ent of a license fee of $1.50 n would leave the treaty of ms with regard to the draft able disputes between the isapprehension as to matters leave the way open for a KNUTSFORD. 185 No. 191. Lord Stanley of PrestoH to Lord Knutuford. GovEKNMENT HousE, OTTAWA, 2Gth March, 1892. The Rt. Hon. the Secretary of State for the Colonies. in .v'lln^nr'K"^^/!!^ ??, ^°"''" • *° ^^'^^l to yo""- lo^dship to-day, a telegraphic message in cypher, of which the following is the substance : ^ o r h When you suggested a conference, we answered on 1st and again on l^rd of March acquiescing in proposal. T.e would be glad if you would telegraph to Newfoundland the substance of your suggestion and of our answer. We believe that Harvey was in Lon- don on the above dates, and as our telegram was in reply to your suggestion, we did not send a copy to Newfoundland. •r ^ j e& I have, «fec., STANLEY OF PRESTON. No. 192. Lord Kmitsford to Lord Stanley of Preston. Downing Street, 9th April, 1892. Governor General of Canada, Ac, &c. 7fi pn^^T^^f^T^n.n/^^^T'"' *o "^cl^nowledge the receipt of your despatches Nos. 76 and 77 of the 10th March, forwarding minutes of the Dominion privy council respect ing the bait controversy with Newfoundland. 'espect mini/fi!^'3m '^^""^ considered these papers, and I think that on re-consideration your minsters will agree with Her Majesty's government that they would not be warranted the^ riv^^co" ^'^•f "*■'* statement of this controversy prepared by one side only, before fK. i^^'^v ^^^"if *•"« r^" doubtless consider whether there is any other way by which the legality of the action of the Newfoundland government can be tested. I have, ifec, KNUTSFORD. No. 193. Lord Stanley of Preston to Lord Kmitsford. Government House, Ottawa, 12th April, 1892. The Rt. Hon. the Secretary of State for the Colonies, Ac, Ac. NewSCr^"''-''""'""'""'' '«'''«"PW°8 '" «»» «"'»• 'iireot to Governor of Telegraph answer. I have, (fee, STANLEY OF PRESTON. 23e to 23h—13 i.~ii.L. JJ •- 18(i No. 194. Lord Stanley of Preston to Lord KruUxfoid. (ioVERN.MKXT HoUSE, Ottawa, Uth April, 1892. The Right Hoimurable Lord KnutHford, G.C.M.G. My Lord, — I had tlu- lionour to send to your lordsliip to-day tlie following telegra- phic message ; — " Dominion government wish that I should telegraph to you joint resolution passed by legislature of Prince Edward Island." ( Here foUow ferins of resolution.) I have now the honour to enclose copy of the resolution in question. I have, etc.. STANLEY OF PRESTON. [Enclosure 1 in Xo 1!)4.] May it please Your Honour, . ' The Legislative Council and House of Assembly of the province of Prince Edward Island convened have unanimously agreed to a joint resolution, namely : — Whereas it has been brought to the Aotice of the legislature of Prince Edward Island that a revenue bill now before the legislature of Newfoundland contains pro- visions for imjiosing upon ceitain products of Canada differential or discriminating duties far in oxce.ss of the regular tariff of duties hnposed upon similar products of other countries, which discriminating duties are calculated if put into force to disturb and cripple the connnerce heretofore carried on between these two dependencies of Her Majesty, therefore resolved, that this house humbly prays his excellency the governor general to bring the matter to the notice of the colonial minister and ask him to inter- pose his good offices towards preventing the said discriminating clauses being enacted by the said legislature of Newfoundland, anl most respectfully request that your honour w^uld be pleased to forward by telegraph to his excellency the governor general the foregoing resolution passed by both branches of this legislature. BENJ. ROGERS, President Legislative Council. D. B. McLENNAN, Speaker House oj Assemhly. J. S. CARVELL, Lieutenant Governor. No. 195. Lord Knutsford to Lord Stanley of Preston. 16th April, 1892. I'he following telegram from Governor of Newfoundland has been received :— 13th April, 1892. My a^'.visers have no objection to conference with representative of Canada. Assuming, however, position maintained by Canada and approved by England that the colonies have right to make their fiscal arrangements with foreign (countries), must stipulate that Canada withdraw protest to convention as pi'eliminary. KNUTSFORD. 187 iicNT House, th April, 1892. lie following telegra- •int resolution passed stion. )F PRESTON. e of Prince Eclwai'd lely :— re of Prince Edward idliind contains pro- il or discriminating lai' products of other force to disturb and ependencies of Her ellency the governor id ask him to inter- ses being enacted by •st that your honour )vernor general the slative Council. ise of Assembly, irnor. No. 196. Lord Stanley nf Preston to Sir Terrence O'Jirien. 10th April, lHd-2. Canadian government l.>arn that secretary f)f state for the colonies has com- municated to you the substance of comiiuinicati..ns between the colonial (»Hice and this government. Canaila prf.poses to place the matter definitely before your government that both countries shall, during the present season, resume ami retain the sfofiis „m\ anterior to the enforcement of the Hait Act. Meantime efforts towards settlement of difficulties may be made in such manner as the two countries shall agree ui)on. For this purpose the government of Canada suggests a conference either in America or England at a convenient time. The latter country would be i)referred, so as to enable an Knglish representative to take part in the conference. STANLEY OF PRESTON. No. 197. Sir Tfrrenci'. O'Hrit'ii to Lord Stanh'.y of Preston. 18th Apiil, 1892. The secretary of state for the colonies has desired me to repeat the following tele- gram sent on the 12th instant to him :— ^ a I forward following minute of council at the recfuest of my ministers. My govern- ment considers it d.-sirable that Her Majesty's government should be informed of the follow! ng facts immediately ; — The leader of the opposition stated on the 6th instant, on the authority of Mr lupper that Mr. JUaine, at the conference held with Tupper and Pauncefoto on 2nd April 1891, asserted that Bond had expressed the intention of this government to exclude Canadians from the bait privileges. As the leader of the opposition purports to quote from a despatch to Lord Stanley by Tupper, my government telegraphed to Mr. lilaine immediately asking if the statement was correct, and received in reply the lollowmg : — ' '' " I never .stated to Tupper that you had expressed the intention of your govern- ment to exclude Canadians from bait. You never mentioned anything of the kind to me. Sir Julian Pauncefote was present at the Tupper interview, and says that no such thing was referred to or said." This emphatic answer establishes the fact that no promise that Canadians would be excluded from bait under the convention was given or implied, or that the United States would be treated in any way differentially (or differently). O'BRIEN. th April, 1892. en received : — bh April, 1892. itative of Canada. y England that the :n (countries), must f. :nutsford.