No. 257.
Mr. Thornton to Mr. Fish.
Washington,
May 26, 1870. (Received May
27.)
Sir: In compliance with instructions which I
have received from the Earl of Clarendon, I have the honor to inclose,
for the information of the Government of the United States, copies of
letters which have been addressed by the admiralty to Vice-Admiral
George G. Wellesley, commanding her Majesty’s naval forces on the North
America and West Indies station, and of a letter from the colonial
department to the foreign office, from which you will see the nature of
the instructions to be given to her Majesty’s and the Canadian officers,
who will be employed in maintaining order at the fisheries in the
neighborhood of the coasts of Canada.
Mr. Wolley to Vice-Admiral Wellesley.
Admiralty,
April 9, 1870.
Sir: I am commanded by my lords
commissioners of the admiralty to transmit for your information and
guidance the inclosed copies of Foreign Office letters, dated 2d,
7th, and 9th instant, referring to. the resolution of the House of
Representatives at Washington, in regard t6 the intention of the
government of the Dominion of Canada to suspend the licenses to
foreign vessels for the in-shore fisheries on the coasts of the
Dominion. My lords desire that you will detach a sufficient force to
Canadian waters to protect Canadian fishermen, and to maintain
order, and you are to instruct the senior officer of such force to
cooperate cordially with any United States force sent on the same
service.
I am, &c.,
P. S.—The following telegram has been sent this day to her
Britannic Majesty’s consul at New York:
“Please to communicate the following instructions to the senior
naval officers at Halifax and Bermuda by first opportunity:
“‘Admiral Wellesley to make preparations at once for sending
vessels to protect Canadian fisheries in concert with United
States naval authorities. Instructions sent to Halifax by
to-day’s post.’”
Mr. Lushington to Mr. Hammond.
Sir: In reply to your letter of this day
requesting that copies of the recent instructions given to
Vice-Admiral Wellesley for the protection of the Canadian fisheries
may
[Page 416]
be sent to you for
communication to the Government of the United States, I am commanded
by my lords commissioners of the admiralty to transmit to you a copy
of a letter addressed to the vice-admiral on the 9th of April, (of
which you were informed by letter of the same date,) and of a letter
addressed to him on the 5th instant, on a representation from the
secretary of state for the colonies.
My lords request that you will lay the same before the Earl of
Clarendon.
I am, &c.,
Mr. Rogers to the secretary of the admiralty.
Downing Street,
April 30, 1870.
Sir: In Mr. Secretary Cardwell’s letter to
the lords commissioners of the admiralty of the 12th of April, 1866,
it was stated that American vessels should not be seized for
violating the Canadian fishing laws, “except after willful and
persevering neglect of the warnings which they may have received;
and in case it should become necessary to proceed to forfeiture,
cases should, if possible, be selected for that extreme step in
which the offense has been committed within three miles of
land.”
The Canadian government has recently determined, with the concurrence
of her Majesty’s ministers, to increase the stringency of the
existing practice of dispensing with the warnings hitherto given and
seizing at once any vessel detected in violating the law.
In view of this change and of the questions to which it may give
rise, I am directed by Lord Granville to request that you will move
their lordships to instruct the officers of her Majesty’s ships
employed in the protection of the fisheries that they are not to
seize any vessel unless it is evident and can be clearly proved that
the offense of fishing has been committed, and the vessel itself
captured within three miles of land.
I am, &c.,
Mr. Wolley to Vice-Admiral Wellesley.
Sir: With reference to my letter of the 9th
April last, in regard to the protection of Canadian fisheries, I am
commanded by my lords commissioners of the admiralty to transmit to
you, for your information and guidance, the inclosed copy of a
letter from the under-secretary of state for the colonies, dated
30th ultimo, relative to the recent determination to increase the
stringency of the existing practice by dispensing with the warnings
hitherto given, and seizing at once any vessel detected in violating
the law.
My lords desire me to remind you of the extreme importance of
commanding officers of the ships selected to protect the fisheries
exercising the utmost discretion in carrying out their instructions,
paying special attention to. Lord Granville’s observation that no
vessel should be seized unless it is evident and can be clearly
proved that the offense of fishing has been committed, and that the
vessel is captured within three miles of land.
I am, &c.,
Mr. Holland to the undersecretary of state for foreign
affairs.
Colonial
Office,
May 13, 1870.
Sir: I am directed by Earl Granville to
acknowledge the receipt of your letter of the 9th instant,
requesting to be furnished, for communication to the Government of
the United States, with copies of the instructions issued to the
commanders of the Canadian vessels engaged in the protection of the
fisheries.
Lord Granville desires me to state, for the information of Lord
Clarendon, that the Governor General of the Dominion has been
requested by telegraph to forward to this office any instructions
already issued on this subject, or that may be issued in consequence
of Lord Granville’s dispatch to the Governor General, of which a
copy is inclosed.
I am, &c.,
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Lord Granville to Sir John Young.
Colonial
Office,
April 30, 1870.
Sir: I have the honor to transmit to you
the copy of a letter which I have caused to be addressed to the
admiralty respecting the instructions to be given to the officers of
her. Majesty’s ships employed in the protection of the Canadian
fisheries.
Her Majesty’s government do not doubt that your ministers will agree
with them as to the propriety of these instructions, and will give
corresponding instructions to the vessels employed by them.
I have, &c.,
His excellency the Right Honorable Sir John
Young, Baronet, &c., &c.,
&c.