[Inclosure 1.]
Lord Landsdowne
to Lord Knutsford.
Government House,
Washington, March 21,
1888.
My Lord: I have the honor to transmit to
you a copy of au approved minute of a committee-of the privy
council, concurring in a recommendation of my minister of justice,
who has advised that for the reasons stated in his report the
proceedings against the United States fishing vessels’ D. J. Adams and E. M.
Doughty, libeled in the vice-admiralty court at Halifax for
violation of the statutes relating to fishing by foreign vessels, be
discontinued upon the understanding that the owners or their
representatives give an undertaking which will prevent such a step
being made the basis for a claim for damages or expenses.
I have, etc.,
[Inclosure 2.]
Report of a committee of the privy council
approved by his excellency the governor-general in council on
8th March, 1888.
On a report dated 24th February, 1888, from the minister of justice
submitting for your excellency’s consideration the cases of the
United States fishing-vessels David J. Adams
and E. M. Doughty, the minister of justice
observes that these vessels were libeled in the vice-admiralty court
at Halifax for violation of the statutes relating to “fishing by
foreign vessels,” and relating to the convention between Great
Britain and the United States of October 20, 1888.
The proceedings were understood by the counsel on the part of the
Crown to be closed early in the year 1886, but an application was
made by the counsel for the defense for a protracted adjournment in
order that further evidence might be taken.
That the effect of the adjournment which was granted on this
application was that the causes were not heard until June, 1887,
when they were heard by the Hon. J, McDonald, judge of the
vice-admiralty court for the Province of Nova Scotia.
Judgment was reserved and has not yet been delivered.
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The minister desires to remind your excellency that these proceedings
were taken for the purpose of asserting and establishing the right
of Canada, under the convention of 1818, to prevent the purchase of
bait and other fishing supplies in Canadian ports by United States
fishing vessels and to prevent such vessels from entering such ports
for the shipping of crews.
As, however, the result of the negotiations recently concluded at
Washington has been to show that no further difference of opinion
between the two Governments upon the points is to be apprehended, it
appears to the minister of justice unnecessary that a judicial
decision should be sought to affirm the right above mentioned.
The minister therefore recommends that he be authorized to
discontinue the proceedings against the vessels above mentioned,
provided the owners or their representatives give an undertaking
which will prevent such a step being made the basis for a claim for
damages or expenses.
The committee, concurring in the recommendation of the minister of
justice, advise that a copy of this minute be forwarded to the
secretary of state for the colonies in order that the reasons for
this action above recommended may be in possession of Her Majesty’s
Government.
