fishermen on the coasts of Newfoundland and its dependencies up to this time presented to either Government and without prejudice to any question of the rights of either Government under the Treaty of Washington.

I am also permitted to say to your Lordship in giving this assurance, that as a matter of fact no other claims than those embraced in the Fortune Bay list and those named in Mr. Evarts' despatch Number one hundred and nine, which I have shown to your Lordship, are within the knowledge of my Government for presentation or for its own consideration.

I have already communicated to your Lordship orally the substance of this cable message, at the interview which I had the honour of having with you this morning. I understood your Lordship to say in answer to this communication that Her Majesty's Government adhered to the terms they had finally offered: that is to say: that the sum of fifteen thousand pounds should be considered as received in full of all demands arising out of the interruptions of American fishermen on the coasts of Newfoundland up to date: otherwise that you would prefer to fall back upon the plan of a reference already suggested.

I sent a telegram to Mr. Evarts this morning informing him of your views.

I have the honour to me with the highest consideration my Lord Your most obedient humble servant,

The Right Honourable EARL GRANVILLE

J. R. LOWELL.

&c &c &c

No. 177.-1882, July 15: Despatch from Earl Granville to Mr. West (United States' Minister at London).

(No. 212.)

FOREIGN OFFICE, July 15, 1882.

SIR, I have to acknowledge the receipt of your despatch No. 207 of the 9th May last, transmitting a Memorandum drawn up by the State Department of the United States' Government upon certain Acts of the Legislature of Newfoundland for the regulation of the fisheries in the waters of the Colony.

This Memorandum was communicated to you by Mr. Frelinghuysen in answer to the request of Her Majesty's Government to be favoured with any suggestions which the United States' Government might be prepared to offer with a view to the friendly consideration by the two Governments of such amendments of the Fishery Regulations as might be reasonably called for in the interests of both countries.

Her Majesty's Government regret to find that the Memorandum contains no suggestion of any kind tending to that object, but that it reopens a discussion on the construction of the Treaty of Washington which it was hoped had been exhausted in the previous correspondence.

The Memorandum cites the following extract from a despatch written by Mr. Evarts in 1878, as representing the views of the United States' Government:

This Government conceives that the fishery rights of the United States conceded by the Treaty of Washington are to be exercised wholly free from the

restraints and regulations of the Statutes of Newfoundland, now set up as authority over our fishermen, and from every other regulation now in force, or that may hereafter be enacted by that Government.

Her Majesty's Government, however, have never accepted that construction of the Treaty, and on this point I have nothing to add to the views expressed in the note which I had the honour to address to Mr. Lowell on the 27th October, 1880.

In that note I used the following language:

Without entering into any lengthy discussion on this point, I feel bound to state that, in the opinion of Her Majesty's Government, the clause in the Treaty of Washington which provides that the citizens of the United States shall be entitled, "in common with British subjects," to fish in Newfoundland waters within the limits of British sovereignty means that the American and the British fishermen shall fish in these water upon terms of equality, and not that there shall be an exemption of American fishermen from any reasonable regulations to which British fishermen are subject.

Her Majesty's Government entirely concur in Mr. Marcy's Circular of the 28th March, 1856. The principle therein laid down appears to them perfectly sound, and as applicable to the fishery provisions of the Treaty of Washington as to those of the Treaty which Mr. Marcy had in view; they cannot, therefore, admit the accuracy of the opinion expressed in Mr. Evarts' letter to Mr. Welsh of the 28th September, 1878, "that the fishery rights of the United States conceded by the Treaty of Washington are to be exercised wholly free 294 from the restraints and regulations of the Statutes of Newfoundland," if by that opinion anything inconsistent with Mr. Marcy's principle is really intended. Her Majesty's Government, however, fully admit that, if any such local Statutes could be shown to be inconsistent with the express stipulations, or even with the spirit of the Treaty, they would not be within the category of those reasonable regulations by which American (in common with British) fishermen ought to be bound; and they observe, on the other hand, with much satisfaction, that Mr. Evarts, at the close of his letter to Mr. Welsh of the 1st August, 1879, after expressing regret at "the conflict of interests which the exercise of the Treaty privileges enjoyed by the United States appears to have developed," expressed himself as follows:

"There is no intention on the part of this [the United States'] Government that these privileges should be abused, and no desire that their full and free enjoyment should harm the colonial fishermen.

"While the differing interests and methods of the shore fishery and the vessel fishery make it impossible that the regulation of the one should be entirely given to the other, yet if the mutual obligations of the Treaty of 1871 are to be maintained, the United States' Government would gladly co-operate with the Government of Her Britannic Majesty in any effort to make those regulations a matter of reciprocal convenience and right, a means of preserving the fisheries at their highest point of production, and of conciliating a community of interest by a just proportion of advantages and profits."

I expressed the satisfaction with which Her Majesty's Government not only recognized in Mr. Evarts' proposal above referred to an indication that their desire to arrive at a friendly and speedy settlement of the controversy was fully reciprocated by the Government of the United States, but also discerned in it the basis of a practical solution of the difficulty; and I assured Mr. Lowell of the readiness of Her Majesty's Government to confer with the Government of the United States respecting the establishment of Regulations under which the subjects of both parties to the Treaty of Washington should have the full and equal enjoyment of any fishery which, under the Treaty, is to be used in common.

The Memorandum of the United States' Government, after reviewing certain provisions of the Newfoundland Acts, complains of partiality in their enforcement by the magistrates and other officials of the Colony (a complaint which Her Majesty's Government can not admit to be well-founded, and in support of which no facts are

adduced), and concludes with a suggestion that if the Legislature of Newfoundland can not dispense with those provisions altogether, it should pass an Act expressly declaring that they shall have no appli

cation to the citizens of the United States.

I can only renew the expression of the regret and disappointment which is felt by Her Majesty's Government at the apparent disinclination on the part of the Government of the United States to carry out Mr. Evarts' proposal; and I have to instruct you to read this despatch to Mr. Frelinghuysen, and to leave a copy of it with him should he desire it, conveying to him at the same time the hope of Her Majesty's Government that, upon further consideration, the Government of the United States will agree to let the disputed question of Treaty rights remain in abeyance, and will unite with Her Majesty's Government in carrying out the revision of the Fishery Regulations in the spirit and with the object indicated by Mr. Evarts.

I am, &c.

No. 178.-1883, March 3: Termination of the Treaty of Washington.

JOINT RESOLUTION providing for the termination of Articles numbered eighteen to twenty-five, inclusive, and Article numbered thirty of the Treaty between the United States of America and Her Britannic Majesty, concluded at Washington, May eighth, eighteen hundred and seventy-one.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled: That in the judgment of Congress the provisions of Articles numbered eighteen to twenty-five, inclusive, and of Article thirty of the Treaty between the United States and Her Britannic Majesty, for an amicable settlement of all causes of difference between the two countries, concluded at Washington on the eighth day of May, anno Domini eighteen hundred and seventy-one, ought to be terminated at the earliest possible time, and be no longer in force: and to this end the President be, and he hereby is, directed to give notice.to the Government of Her Britannic Majesty that the provisions of each and every of the articles aforesaid, will terminate and be of no force on the expiration of two years next after the time of giving such notice. Sec. 2. That the President be, and he hereby is, directed to give and communicate to the Government of Her Britannic Majesty such notice of such termination on the first day of July, anno Domini eighteen hundred and eighty-three or as soon thereafter as may be. 295 Sec. 3. That on and after the expiration of the two years' time required by said Treaty, each and every of said articles shall be deemed and held to have expired and be of no force and effect, and that every Department of the Government of the United States shall execute the laws of the United States (in the premises) in the same manner and to the same effect as if said articles had never been in force; and the Act of Congress approved 1st March, anno Domini eighteen hundred and seventy three, intituled: An Act to carry into effect the provisions of the treaty between the United States and Great Britain, signed in the City of Washington the eighth day of May, eighteen hundred and seventy-one, relating to the fisheries," so far as it relates to the articles of said treaty so to be terminated, shall be and stand repealed and be of no force on and after the time of the expiration of the said two years.

Approved 3rd March, 1883.

No. 179.-1885: Notice of Agreement (concluded 22nd June, 1885) between Her Britannic Majesty and the United States respecting the Fisheries.

AGREEMENT BETWEEN THE UNITED STATES AND GREAT BRITAIN RESPECTING THE FISHERIES. CONCLUDED 22ND JUNE, 1885.

NOTICE.

By direction of the President, the undersigned Secretary of State hereby makes known to all whom it may concern, that a temporary diplomatic agreement has been entered into between the Government of the United States and the Government of Her Britannic Majesty in relation to the fishing privileges which were granted by the fishery clauses of the treaty between the United States and Great Britain, of 8th May, 1871, whereby the privilege of fishing, which would otherwise have terminated with the treaty clauses on the 1st of July proximo, may continue to be enjoyed by the citizens and subjects of the two countries engaged in fishing operations throughout the season of 1885.

This agreement proceeds from the mutual good will of the two Governments, and has and has been reached solely to avoid all misunderstanding and difficulties which might otherwise arise from the abrupt termination of the fishing of 1885, in the midst of the season. The immunity which is accorded by this agreement to the vessels belonging to the citizens of the United States engaged in fishing in the British American waters, will likewise be extended to British vessels and subjects engaged in fishing in the waters of the United States.

The Joint Resolution of Congress, of 3rd March, 1883, providing for the termination of the Fishery Articles of the Treaty of 8th May, 1871, having repealed in terms, the Act of 1st March, 1873, for the execution of the Fishery Articles, and that repeal being express and absolute from the date of the termination of the said Fishery Articles; under due notification given and proclaimed by the President of the United States, to wit, 1st of July, 1885, the present temporary agreement in no way affects the question of statutory enactment or exemption from Customs duties, as to which the abrogation of the Fishery articles remains complete.

As part of this agreement, the President will bring the whole question of the fisheries before Congress at its next session in December, and recommend the appointment of a Joint Commission by the Governments of the United States and Great Britain to consider the matter, in the interest of maintaining good neighborhood and friendly intercourse between the two countries, thus affording a prospect of negotiation for the development and extension of trade between the United States and British North America.

Copies of the memoranda and exchanged notes on which this temporary agreement rests are appended. Reference is also made to the President's Proclamation of 31st January, 1885, terminating the Fishery Articles of the Treaty of Washington.

By direction of the President.

No. 180.-1885, December: Extract from President's Annual Message to United States Congress.

*

The marked good-will between the United States and Great Britain has been maintained during the past year.

The termination of the fishery clauses of the Treaty of Washington, in pursuance of the Joint Resolution of 3rd March, 1883, must have resulted in 296 the abrupt cessation on the 1st of July of this year, in the midst of their ventures, of the operations of the citizens of the United States engaged in fishing in British American waters but for a diplomatic understanding reached with Her Majesty's Government in June last, whereby assurance was obtained that no interruption of those operations should take place during the current fishing season.

In the interest of good neighbourhood and of the commercial intercourse of adjacent communities, the question of the North American fisheries is one of much importance.

Following out the intimation given by me when the extensory arrangement above described was negotiated, I recommend that the Congress provide for the appointment of a Commission in which the Governments of the United States and Great Britain shall be respectively represented, charged with the consideration and settlement, upon a just, equitable and honourable basis, of the entire question of the fishing rights of the two Governments and their respective citizens on the coasts of the United States and British North America. The fishing interests being intimately related to other general questions dependant upon contiguity and intercourse, consideration thereof, in all their equities, might also properly come within the purview of such a commission, and the fullest latitude of expression on both sides should be permitted.

No. 181.-1886, April 14: Extract from Report of United States' Committee on Foreign Relations.

In the opinion of the Senate the appointment of a Commission, in which the Governments of the United States and Great Britain shall be represented, charged with the consideration and settlement of the fishing rights of the two Governments, on the coasts of the United States and British North America, ought not to be provided for by Congress.

No. 182-1886, March 5: Warning issued by the Canadian Minister of Marine and Fisheries.

WARNING TO ALL WHOM IT MAY CONCERN.

The Government of the United States having by notice terminated Articles 18 to 25, both inclusive, and Article 30, known as the Fishery Articles of the Washington Treaty, attention is called to the following provision of the Convention between the United States and Great Britain, signed at London, on the 20th October, 1818:

Article 1st. Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry and cure fish, on certain coasts, bays, harbors and creeks of his Britannic Majesty's Dominions in America, it is agreed between the High Contracting Parties, that the inhabitants of the said United States shall have, forever, in common with the subjects of His Britanic Majesty, the liberty to take fish of every kind on