Edw’d Thornton to Hamilton Fish, October 15, 1872

No. 164. Sir Edward Thornton to Mr. Fish

Sir: With reference to my note of the 20th of July last, I have the honor to inclose, for your information, copies of a further dispatch and of its inclosure, which I have received from the Governor-General of Canada, relative to the mode in which the American flag was hoisted on board the American schooner James Bliss, when seized by a Canadian officer. From these documents, you will perceive that the officer in question will be reprimanded for his inattention to the special instructions issued by the government of Canada for the guidance of the commanders of its cruisers.

I have, &c,

Copy of a report of a committee of the honorable the privy council, approved by his excellency the Governor-General, in council, on the 30th September, 1872.

On a memorandum dated September 23, 1872, from the honorable the minister of marine and fisheries, relative to an order in council, dated 8th July, and a subsequent dispatch from the Earl of Kimberly, under date of 31st July last, respecting an indignity offered to the American flag in connection with the seizure of the United States fishing-schooner James Bliss by one of the Canadian cruisers, for trespass on the in-shore fisheries, the minister reports, for the information of your excellency in council, that the facts have been strictly investigated.

That the special instructions issued by the government of Canada for the guidance of commanders of marine police cruisers direct as follows:

On capture, it will be desirable to take part of the foreign crew aboard the vessel under your command, and place some of your own crew, as a measure of precaution, on board the seized vessel, first lowering the foreign flag borne at the time of capture”

That it appears by such investigation that, when bringing into the harbor of Gaspe the captured vessel in question, the seizing-officer, in disregard of the above instruction, and probably misapprehending his duty, did intentionally cause the Dominion flag to be hoisted above the American flag, but that the fact of the latter being so hoisted with the union downward was entirely unintentional, and occurred through inadvertence on the part of a subordinate.

That the government have already officially disavowed any intention to show disrespect toward the flag of the United States, and taken precautions to prevent recurrence of any such objectionable acts, and the minister recommends that the facts established by this inquiry be communicated to the United States authorities.

He also recommends that the seizing-officer, through whose inattention to his official instructions this difficulty has occurred, should be severely reprimanded.

The committee submit the above recommendations for your excellency’s approval.

Certified: