No. 263.
Mr. Woodbury to Mr. Bayard.
Boston, July 28, 1886.
[Received July 29.]
Sir: I have the honor to enclose for your
consideration the affidavit of James McDonald, master of the schooner
Thomas F. Bayard, who has been illegally driven from the waters of Bonne
Bay, on the northwest coast of Newfoundland, in direct violation of the
treaty of 1818.
In this connection I would refer you to the fact that the British
Government have twice declined to ratify laws of Newfoundland
prohibiting the sale of bait (see Executive Document No. 84, Forty-sixth
Congress, second session, House of Representatives, pp. 106–7): once
when the Duke of Newcastle was minister, and again when Sir M. Hicks
Beach was colonial secretary, in 1878. In 1885 I wrote to our minister
at London requesting him to ascertain at the colonial office whether
since 1878 any law of Newfoundland prohibiting the sale of bait to
foreigners had been approved, and the reply furnished him was, none had
been. This is the only instance of the kind from Newfoundland that has
come to my knowledge. Captain McDonald sails to-morrow, but proof of his
loss will be made up and transmitted to the Department.
I forwarded some time since some evidence as to the collector at Magdalen
Islands denying treaty rights to our vessels. I inclose the affidavit of
A. McEachern, master of the schooner Mascot, that he was denied at Fort
Amherst, June 10th, any privilege except wood and water, and also
threatened with seizure even if he should take a pilot! The Magdalen
Islands, like the west coast of Newfoundland, are by treaty particularly
stated to be places where the common rights of fishery on land or sea
are to be enjoyed by both parties to the treaty.
I am, &c.,
[Inclosure 1.]
Captain James
McDonald to Mr. Bayard.
Gloucester, July 28,
1886.
Sir: The schooner Thomas F. Bayard, of
Gloucester, of which I am master and part owner, sailed from
Gloucester June 22 on a trip after halibut, with license and trade
permit. My supply of bait becoming exhausted, I entered the port of
Bonne Bay, on the northwest coast of Newfoundland, for the purpose
of procuring a supply of bait on July 12. Directly on anchoring, I
reported at the custom-house to the collector and stated my object
was to buy bait. Mr. Taylor, the collector, of the port, immediately
served upon me a notice, which I transmit herewith, to the effect
that the presence of my vessel in the port was in violation of the
articles of the convention of 1818, and also warned me not to buy
bait. Having a copy of the Ottawa circular of March 5, 1886, with
me, I produced it and read to the collector the treaty clause 2
there printed, and argued with him that I had the treaty right to
come in here. His reply was, in substance, that he must perform his
duty and prevent me from buying bait. I returned to my vessel, and,
fearing I should be seized if I bought bait or fished in the
three-mile limit or remained, I sailed for home, and arrived at
Gloucester July 26, my voyage being broken up, and having a small
fare. I left one of the best chances to obtain a large fare of fish,
that were very plentiful in the vicinity of the port. I estimate the
losses of the vessel and crew at $4,000, roughly.
I thought it proper to lay this matter before you that, if I had the
right to fish on that coast, I might procure recompense and damages
for the injury done my voyage.
I am, &c.,
[Page 517]
[Inclosure 2.]
[July 28,
1886]
2. Sworn statement of Captain McDonald, dated July 28, 1886. Printed
as inclosure No. 1 to Mr. Phelps’s note of September 11 to Lord
Iddesleigh. See ante. No. 174, p. 360.
[Inclosure 3.]
[July 27,
1886]
3. Sworn statement of Alexander MacEachern, dated July 27, 1886. (Ibid. See ante. No.
174, p. 361.
