Chargé Carter to the Secretary of State.

No. 111.]

Sir: I have the honor to acknowledge your telegram of the 17th instant,a a translation of which I inclose, with reference to the Newfoundland fisheries question. I also inclose a copy of Sir Edward Grey’s note of the 19th, and, in the same and cognate connection, translation of my cipher cables of the 18thb and 20th, respectively.

I further inclose a letter addressed to the minister of justice from Mr. Joseph O’Reilly, inspector of Newfoundland customs, dated November 30, which was handed to me as a memorandum at Sir Edward Grey’s request, and was the basis of my telegram of the 20th instant, mentioned above.

I may mention that all your suggestions have been received in a spirit of the friendliest cooperation.

I have, etc.,

John Ridgely Carter.

[Inclosure 1.—Paraphrase of telegram sent from embassy December 20, 1905.]

No. 28. Mr. Carter reports that Sir Edward Grey informs him that report received through O’Reilly, collector of customs in Newfoundland, stating that a United States vessel, M. B. Stetson, 98 tons, of Bucksport, Me., Captain Dorr, owned by T. M. Nicholson, both on board, arrived on 23d November at Woods Island. On 26th captain and owner engaged 9 fishermen at Woods Island and towed them in their boat to Lark Harbor, where they engaged 7 more fishermen to form a part of the crew of said vessel. On 29th two boats, one from Lark Harbor and one from Woods Island, with 16 men on board and accompanied by the M. B. Stetson, sailed outside 3-mile limit and shipped the men mentioned, and bought the two boats, with some nets and gear, which they took with them. The agreement made with the men was that they were to be found on board the vessel in gear, etc., and were to be paid $1 for each barrel of herring caught by them, and in addition would be given the nets and dory used by them when the fishery season was over. Nicholson stated to O’Reilly 27th at custom-house, Lake Harbor, that he had come to engage some men and take them outside 3-mile limit and intended purchasing their nets and boats and ship the men as part of his crew, and bring them back to the arms of the Bay of Islands to fish herring and were to be paid at the rate mentioned. He also said was advised of this course by Alexander of the United States fishery ship Grampus, who told him if he would wait until the Ingomar and Alhoa went [Page 662] outside to ship men he would go out in the Grampus with them. Ingomar and Alhoa did not go out and have not shipped any fisherman yet, nor did the Grampus go out with the M. B. Stetson. O’Rielly has the names of the men who went out and shipped on latter vessel, which has since reported at Lark Harbor and paid light dues under protest. Sir Edward Grey considers this a further instance of the proceedings which have given rise to well-founded complaint on the part of Newfoundland government, to which attention has been called in a memorandum handed to Mr. Reid by Lord Lansdowne on 30th ultimo, and embodied in Mr. Reid’s telegram to the department (No. 15) of the 1st instant.

With reference to Mr. Root’s telegram of the 17th, Sir Edward Grey states that on the 18th a strongly worded telegram was sent out from the colonial office to the Newfoundland authorities urgently instructing them to make fullest inquiries regarding cutting of nets and to take the utmost precaution to avoid any destruction of American property.

[Inclosure 2.]

The Foreign Office to Chargé Carter.

Sir: I have the honor to acknowledge the receipt of your note of the 18th instant, from which I learn with satisfaction that the American Government concur in the view held by His Majesty’s Government that the United States fishermen are not entitled to construct platforms for freezing herrings on the west coast of Newfoundland.

With regard to paragraph 2 of your note in which you state that information has reached the Department of State to the effect that the cutting of American nets in Newfoundland waters had begun, I lost no time in bringing the matter to the knowledge of the secretary of state for the colonies, who at once telegraphed to the governor of Newfoundland on the subject.

I have, etc.,

F. H. Villiers

(For
Sir E. Grey
.)
[Inclosure 3.]

Mr. O’Reilly, Inspector of Customs to the Minister of Justice.

Sir: I beg leave to state that the United States fishing vessel M. B. Stetson, 98 tons, of Bucksport, Me., Capt, Fred L. Dorr, owned by T. M. Nicholson, who was on board.

This vessel arrived at Woods Island on Thursday the 23d November. She remained at anchor until Sunday. The captain did not report at the customs at Woods Island. The captain and owner engaged 9 fishermen at Woods Island, and towed them in their boat to Lark Harbor on Sunday evening. At Lark Harbor they engaged 7 more fishermen to form a part of the crew of the said vessel.

On Wednesday the two boats, one from Lark Harbor and one from Woods Island, with 16 men on board and accompanied by the M. B. Stetson, sailed outside the 3-mile limit and shipped those men, and, as they say, bought the two boats with some nets and gear that they took with them.

The agreement made with those men at Lark Harbor by the captain and owner was that the men were to be found on board the vessel in gear, etc., and were to be paid $1 per barrel for each barrel of herring caught by them. They were also promised by the captain and owner that they would, in addition to the $1 per barrel, be given the nets and dory used by them when the fishery season was over.

[Page 663]

T. M. Nicholson stated to me on Monday the 27th at the customs-house, Lark Harbor, that he was here to engage some men and take them outside the 3-mile limit, and that he was going to purchase their nets and boats, and ship the men as part of the vessel’s crew, and then bring them back again to the arms of Bay of Islands to fish herring for the vessel, and were to be paid at the rate of $1 per barrel.

He also told me that he was advised to this course by Mr. Alexander, of the United States fishery ship Grampus, and further that Mr. Alexander told him that if he waited around until the Ingomar and Alhoa were going outside to ship men, he would go out in the Grampus with them.

The Ingomar and Alhoa did not go out, and have not shipped any fishermen yet.

The Grampus did not go out with the M. B. Stetson. We have the names of the men who went out and shipped on this vessel.

The Stetson has since reported at the customs, Lark Harbor, and paid light dues under protest.

I have, etc.,

Joseph O’Reilly, Inspector.