Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 5, 1870

No. 272.

Mr. William A. Bart to Mr. Fish.

No. 123.]

Consulate General of the United States of America for the British North American Provinces, Montreal, November 3, 1870. (Received November 5.)

Sir: I have the honor to acknowledge receipt of your dispatch of the 29th ultimo, in reference to the seizure of American fishing vessels off the coast of Nova Scotia and Prince Edward Island.

Upon the receipt of your telegram of the 28th ultimo, I sent a dispatch to all the consuls in the maritime provinces, calling their attention to their duty to report on cases of seizure by telegraph, and also in writing by mail.

Upon the receipt of yours of the 29th, which came to hand yesterday, I caused copies to be at once prepared, and despatched the same by mail, accompanied by a letter to each, of which the inclosed is a copy. Two, at least, of the important consuls, that at Halifax and St. John, are now absent on leave from the Department, and I fear their deputies may not be as accurate in collecting information as the consuls would have been if at home.

It seems to me that the unfriendly construction given by the Dominion government of the treaty of 1818 was intensified in its harshness by the almost covert manner in which it was sought to be enforced. It was with the greatest difficulty that our consuls could ascertain from the commanders of the various armed vessels what they would consider cause for seizure and condemnation.

No adequate or suitable notice was given to the captains of American fishing vessels, and they were seized for acts which they had been permitted to do from time immemorial, as well before as subsequently to the above-mentioned treaty.

Information has come to me from so many sources of declarations made by the various ministers of the Dominion government, that I cannot doubt, and it is openly proclaimed here and believed to be true, that the enforcement of the above-mentioned treaty, in the manner it has been enforced, has two objects, viz.: one of which is to create a Canadian sentiment in antagonism to the United States, with a view to check the spread of American sentiment here looking to ultimate annexation; the other object is, by the close control of the fishing interests to compel the United States, through her interests, to make a treaty of reciprocity of trade between the United States and the British provinces in North America.

The prevention of our vessels from purchasing supplies in Nova Scotia and Prince Edward Island is injuring the trade and commerce of those points, while the Dominion government is deriving no corresponding advantage.

But a small fraction of the fish taken there is taken by the Canadians, and the exclusion of the people of the United States from there will not be likely, in view of the character of the inhabitants, and the duty upon fish, if maintained, to increase the number of Canadian fishermen.

I have the honor to be, very respectfully, your obedient servant,

WILLIAM A. DART, Consul General.

[Untitled]

Consulate General of the United States of America for the British North American Provinces, Montreal, November 2, 1870.

Sir: I transmit herewith a copy of a communication which I have just received from the Department of State, giving its views and wishes in reference to the seizure of American vessels for alleged violation of the treaties and laws passed in pursuance to them, regulating the fishing trade between the United States and the British North American provinces. I had supposed that the consuls within whose districts seizures have been made had kept the Department fully advised of each seizure and the ground upon which they were respectively made. I fear this duty has been neglected, which is much to be regretted considering the large interests involved, and the delicate and important questions that may arise. The neglect should be remedied at once and fully.

You will please report at your earliest opportunity what vessels have been seized, the date of seizure resspectively, upon what alleged grounds, and what disposition has been made of the vessel. If a libel of information has been filed in the admiralty court, obtain a copy of it and transmit it to the Department. State when the courts commenced session, or when they will hold a session at which the several cases of seizure will be tried. Consult freely with the attorneys for the claimants of the several vessels and make yourself familiar with the precise points which have arisen or will be likely to arise in each case, and with great care to accuracy, and transmit that information to the Department of State, and in cases where condemnation has already been had, procure and send to the Department the opinion of the judge condemning it; and it would be well, in case a vessel were released, to procure and send a like opinion.

You should keep the Department as freely and accurately advised of all these cases of seizure as a lawyer would his client in the progress and determination of an important suit.

Very respectfully, your obedient servant,

WILLIAM A. DART, Consul General.