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RETURN To an Address presented to His Honour the Lieutenant-Governor, asking that His Honour may be pleased… British Columbia. Legislative Assembly 1900

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 63 Vict. Seizure of Thos. Ellis' Cattle. 521
RETURN
To an Address presented to His Honour the Lieutenant-Governor, asking that His
Honour may be pleased to lay before the House copies of all correspondence in
the year 1898, or in any year subsequent thereto, between the Provincial Government and the Dominion Government, or any other parties, in relation to the
seizure by the United States, in November, 1897, of certain cattle, the property
of Mr. Thomas Ellis, of Penticton.
By Command.
C. A. SEMLIN,
Provincial Secretary.
Provincial Secretary's   Office,
12th February, 1900.
Penticton, British Columbia,
December 22nd, 1897.
To the Hon. J. H. Turner,
Victoria, B.C.
Sir,—I herewith enclose two affidavits in reference to the seizure by the U. S. Customs
officials of a band of cattle belonging to me near Midway.
You will see by perusing same the injustice that I have sustained, and I would ask that
your Government use its influence with the Dominion Government, requesting them to make
such representations to the TJ. S. Government at Washington as will lead to the refund of my
money, viz.: $2,250.
I also enclose a rough sketch, shewing the route taken by those engaged in driving cattle
in the winter months, together with a copy of a letter received from the U. S. Customs at Port
Townsend, in reply to one written to him after the seizure, asking what course I had better
take in passing through the U. S. territory on similar trips. These shew the difficulties
experienced on the southern boundary, and I would ask you to arrange that this matter be
considered and arrangements made so as to avoid complications in the future. 1 may mention
for your information the Americans are allowed to come into Canadian territory by putting
up a bond for the amount of the duty on their teams, which is refunded by the Canadian
Collector when they re-cross into American territory.
Trusting that you will be able to give this matter your early attention,
I am, etc.,
(Signed)        Thomas Ellis.
Note.—Affidavits accompanying sent to Sir Richard Cartwright, Ottawa.
23rd December, 1897.
Thomas Ellis, Esq.,
Penticton.
Sir,—I am directed by the Hon. J. H. Turner to acknowledge the receipt of your
communication of the 22nd instant, in reference to the seizure by the United States officials
of a band of cattle belonging to you, and to state in reply that representations in your behalf
are being made to the proper authorities at Ottawa.
I have, etc.,
(Signed)        It. E. Gosnell,
Secretary. 522 Seizure of Thos. Ellis' Cattle. 1899
To the Hon. J. H.  Turner.
Penticton, Okanagan, 27th Dec, 1897.
Dear Sir,—I have the honour to enclose, for your further information, a certified copy
of a letter received by me, since leaving Victoria, from the U. S. Collector of Customs, Port
Townsend, State of Washington, re the seizure of my cattle near Midway on 14th of November
last, as you may require this with the other documents when referring the matter to Ottawa.
I remain, etc.,
(Signed)        Thomas Ellis.
28th Dec. 1897.
Sir Richard Carticright,
Minister of Trade and Commerce,
Ottawa.
Dear Sir,—I beg to enclose copies of two affidavits in reference to the seizure, by the
U. S. Customs officials, of a band of cattle belonging to Mr. Thos. Ellis, Penticton, B. O, and
a rough sketch of the route that has been followed by Mr. Ellis and others in driving cattle
through American territory from one part of British Columbia to another, and a copy of a
letter from the U. S. Collector of Customs at Port Townsend as to the course to be pursued in
shipping cattle by the route in question.
The circumstances in connection with the seizure and detention of the cattle, which
occurred, are so clearly set forth in the affidavits referred to that it will be unnecessary to
recount them. It may be mentioned, however, in further explanation, that the driving of
cattle from Midway to Rossland through Canadian territory during the winter months is
impracticable, and that for some years it has been the custom, without any protest or interruption, to make detours through the American territory in order to find a feasible route, and
the action complained of was taken by the U. S. Customs officials on this occasion without
notice and provocation, and that the owner of the cattle, Mr. Ellis, was subjected, as a consequence, to very considerable loss and inconvenience.
In a letter to me, dated December 22nd, 1897, Mr. Ellis asks that this Government
should use its influence with your Government with a view to having such representations
made to the United States Government as would lead to the refund of the $2,250 deposited in
compliance with the conditions imposed by the Collector at Port Townsend, and to an arrangement being effected whereby cattle may be driven through United States territory without
complications arising in the future.
I desire to call your attention especially to this matter, which is one of concern to cattle-
dealers in Southern Yale, and would respectfully request that you should give it your serious
consideration. It is, in the opinion of this Government, quite unnecessary, under the circumstances, that such stringent regulations should be enforced. Such irritating methods as those
adopted in this instance are not indicative of that spirit of friendliness which should exist
between two countries at perfect peace with each other, and which, I believe, is the policy of
your Government to develop and maintain.
I am, etc.,
(Signed)        J.  H. Turner,
Minister of Finance.
3rd Jan., 1898.
Sir Richard Cartwright,
Minister of Trade and Commerce,
Ottawa.
Sir,—With further reference to the matter of the seizure of cattle belonging to Mr.
Thomas Ellis, Penticton, by the U. S. Customs authorities, I have the honour, by direction, to
forward you the enclosed correspondence.
I have, etc.,
(Signed)        R. E. Gosnell,
Secretary. 63 Vict. Seizure of Thos. Ellis' Cattle. 523
11th Jan., 1898.
Thomas Ellis,  Esq.,  Penticton.
Sir,—I have the honour, by direction of the Hon. J. H. Turner, to enclose herewith copy
of a letter received from Sir Richard Cartwright, in the matter of the seizure of cattle by the
United States Customs officials, for your information.
I have, etc.,
(Signed)        R.  E. Gosnell,
Secretary.
[Enclosure.]
The Hon. J. II. Turner,
Premier and Minister of Finance,
Victoria, B. G.
Ottawa, January 4th, 1898.
Dear Sir,—I beg to acknowledge receipt of yours of the 28th December, with stated
enclosures, having reference to a seizure made by United States officials of a band of cattle
belonging to Mr. Thos. Ellis, of Penticton, B. C, and have carefully noted the statements'
made in connection with the matter.
While the seizure by the American official may have been strictly within his legal rights,
it seems, in view of the circumstances that have obtained for years along the frontier with
reference to cattle legally belonging on either side, that it was, to say the least, a precipitate
action, and not indicative of that spirit of fair play which is supposed to exist between officers
whose duty it is to protect the long, and in some respects almost imaginary, line between the
two countries.
Under the circumstances I can see' that no action can be taken, other than to represent
the matter through the usual channel to the authorities at Washington for such investigation
and consideration as they may see fit to take.
I have, therefore, recommended that the affidavits and correspondence be forwarded to
Her Majesty's Ambassador at Washington for that purpose.
I have, &c,
(Signed)        R. J. Cartwright.
1st February, 1898.
Thomas Ellis, Esq., Penticton.
Sir, —I have the honour, by direction, to enclose you copy of a letter received from Sir
Richard Cartwright, Minister of Trade and Commerce, with reference to the seizure by United
States officials of a band of cattle belonging to yourself while being driven through United
States territory.
I have, ifcc,
(Signed)        R. E. Gosnell,
Secretary.
[Enclosure.]
Ottawa, January 25th, 1898.
Dear Sir,—Continuing my letter to you of the 4th instant, in re the seizure made by
the United States officials of a band of cattle belonging to Mr. Thomas Ellis, of Penticton,
B. C, I have now to state that the affidavits and correspondence therein referred to have,
under authority of an Order in Council, been transmitted, through the usual channel, to Her
Majesty's Ambassador at Washington.
Yours truly,
(Signed)        R. J. Cartwright.
The Hon. J. H. Turner,
Premier and Minister of Finance,
Victoria, B. C. 524 . Seizure of Thos. Ellis' Cattle. 1899
1st Feb., 1898.
Sir Richard Gartivright,
Minister of Trade and Commerce,
Ottawa.
Sir, — I have the honour, by direction, to acknowledge the receipt of your communication
of the 25th ultimo, addressed to the Hon. the Premier, with reference to the seizure by United
States officials of a band of cattle belonging to Thomas Ellis, of Penticton, and to express the
thanks of the Minister for your prompt action in this matter.
I have, etc.,
(Signed)        R. E. Gosnell,
Secretary.
15th Feb., 1898.
Thomas Ellis, Esq., Penticton.
Sir,—I have the honour, by direction of the Hon. J. H. Turner, to enclose herewith copy
of a letter received from Sir Richard Cartwright, Minister of Trade and Commerce, with
reference to the seizure, by United States Customs officials, of a band of cattle belonging to you.
I have, etc.,
(Signed)        R. E. Gosnell,
Secretary.
[Enclosure.]
Ottawa, February 5th, 1898.
Dear Mr. Turner,—Referring to previous correspondence in re the seizure made by
the United States Customs officials of a band of cattle belonging to Mr. Thomas Ellis, of
Penticton, B. C, I have now the honour to state that a despatch from Her Majesty's
Ambassador at Washington informs the Canadian Government that he has handed to the
Secretary of State a Promemoria setting forth the circumstances of the case, and urging that
a remission of the deposit made by Mr. Ellis be allowed, and that an arrangement may be
concluded whereby cattle may be in the future driven through United States territory under
less stringent regulations.
Yours truly,
(Signed)        R. Cartwright.
The Hon. J. H. Turner,
Premier and Minister of Finance,
Victoria, B. C.
February 15th, 1898.
Sir Richard Cartwright,
Minister of Trade and Commerce,
Ottawa.
Sir,—I am directed by the Hon. J. H. Turner to acknowdedge the receipt of your
communication of the 5th instant, with reference to the seizure made by the United States
Customs officials of a band of cattle belonging to Thomas Ellis, Penticton, and to thank you
for the steps that have been taken by your Government in this matter.
I have, etc.,
(Signed)        R. E. Gosnell,
Secretary.
March 28th, 1898.
Thomas, Ellis, Esq.,
Penticton, B. C.
Dear Sir,—I have the honour, by direction, to enclose, copies of correspondence received
from Ottawa for your information.
I have, etc.,
(Signed)        R. E. Gosnell,
Secretary. 63 Vict. Seizure of Thos. Ellis' Cattle. 525
[Enclosures.]
Ottawa, March 18th, 1898.
Dear Sir,—Referring to previous correspondence re the seizure, by the United States
authorities, of cattle belonging to Mr. Thomas Ellis, of Penticton—this Department is now in
receipt of a copy of a despatch from Her Majesty's representative at Washington, covering a
communication from the State Department, as per copy enclosed.
I would point out that Mr. Ellis may prejudice his claim if he do not adopt the procedure
suggested in the communication in question.
Yours truly,
R. J. Cartwright.
The Hon. II. J. Turner,
Premier and Minister of Finance,
Victoria, B. G.
769k.
Sir J. Pauncefote to Lord Aberdeen.
Washington, 7th March, 1898.
My Lord,—With reference to Y. E. despatch No. 32 of the 16th ult., relating to the
seizure of a herd of cattle belonging to Mr. Thomas Ellis by the U. S. Customs authorities, I
have the honour to transmit to Y. E. copy of a further note which I have received from the
U. S. G. on the subject.
H. E. The Earl of Aberdeen, etc.
I have, etc.,
(Signed)        Julian Pauncefote.
Department of State,
Washington, 4th March 1898.
Excellency,—Replying further to your note of January 24th, last, in relation to the
seizure, in the Puget Sound District, in November last, of 70 head of cattle, the property of
Mr. Thomas Ellis, a British subject, I have the honour to inform you that the Department
has received a letter from the Secretary of the Treasury stating that although Mr. Ellis had
been duly advised by the U. S. authorities that it would be necessary for him to proceed under
section 17 of the Act of June 1874 of section 938 of the Revised Statutes, that gentleman
has not yet petitioned the Court and that the matter is, therefore, presumably in the hands
of the U. S. District Attorney, as prescribed by section 3084 of the Revised Statutes.
With reference to that portion of your note which relates to the alleged impracticability
of the British Columbia route for driving cattle, the Secretary of the Treasury reports that
the competent American officers state that the route is passable, and that he therefore perceives
no good reason for granting the request that Mr. Ellis be permitted to drive his cattle over
U. S. territory.
I have, etc.,
(Signed)        John Shermam.
II. E. Sir Julian Pauncefote, etc.
VICTORIA, B. C:
Printed by Richard Wolfenden, Printer to the Queen's Most Excellent Majesty.
1900. 

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