CONGRESS. (TnE FISHERIES TREATY.) 



219 



keu' ; . cans, and other usual and necessary coverings 

 containing the products above mentioned, the HKC 

 products,T)eing the produce of fisheries earned on by 

 the fishermen of the United States, as well as the usual 

 and necessary coverings of the same, as above de- 

 scribed, shall be admitted free of duty into the Do- 

 minion of Canada and Newfoundland. 



And upon such removal of duties, and while the 

 aforesaid articles are allowed to be brought into the 

 United States by British subjects, without duty being 

 reimposed thereon, the privilege of entering the ports, 

 bays, and harbors of the aforesaid coasts of Canada 

 and Newfoundland shall be accorded to United States 

 fishing-vessels by annual licenses, free of charge, for 

 the following purposes, namely : 



1. The purchase of provisions, bait, ice, seines, lines, 

 and all other supplies and outfits ; 



2. Transshipment of catch, for transport by any 

 means of conveyance ; 



3. Shipping of crews. 



Supplies shall not be obtained by barter, but bait 

 may oe so obtained. 



The like privileges shall be continued or given to 

 fishing-vessels of Canada and of Newfoundland on the 

 Atlantic coasts of the United States. 



ART. XVI. This treaty shall be ratified by the 

 President of the United States, by and with the advice 

 and consent of the Senate ; and by Her Britannic 

 Majesty, having received the assent of the Parliament 

 of Canada and of the Legislature of Newfoundland ; 

 and the ratifications shall be exchanged at Washing- 

 ton as soon as possible. 



In faith whereof we, the respective plenipotentiaries, 

 have signed this treaty, and have hereunto affixed our 

 seals. 



Done in duplicate at Washington this loth day of 

 February, in the year of our Lord l^;. 



PROTOCOL. 



The treaty having been signed, the British pleni- 

 potentiaries desire to state that they have been con- 

 sidering the position which will be created by the 

 immediate commencement of the fishing season before 

 the treatv can possibly be ratified by the Senate of the 

 United S'tates, by the" Parliament of Canada, and the 

 Legislature of Newfoundland. 



In the absence of such ratification the old conditions 

 which have given rise to so much friction and irrita- 

 tion might be revived, and might interfere with the 

 unprejudiced consideration of the treaty by the legis- 

 lative bodies concerned. 



Under these circumstances, and -with the further 

 object of affording evidence of their anxious desire to 

 promote good feeling and to remove all possible sub- 

 jects of controversy, the British plenipotentiaries are 

 ready to make the following temporary arrangement 

 for a period not exceeding two years, in order to afford 

 a modus rii-endi pending the ratification of the treaty. 



1. For a period not exceeding two years from the 

 present date, the privilege of entering* the bays and 

 harbors of the Atlantic coasts of Canada and' New- 

 foundland shall be granted to United States fishing- 

 vessels by annual licenses at a fee of $1.50 per ton 

 for the following purposes : 



The purchase of bait, ice, seines, lines, and all other 

 supplies and outfits. 



Transshipment of catch and shipping of crews. 



2. If, during the continuance of this arrangement, 

 the United States should remove the duties on fish, 

 fish-oil, whale- and seal-oil (and their coverings, pack- 

 ages, etc.), the said licenses shall be issued free of 

 charge. 



3. United States fishinsr-vessels entering the bays 

 and harbors of the Atlantic coasts of Canada or of 

 Newfoundland for any of the four purposes mentioned 

 in Article I of the convention of Oct. 20, 1818, and not 

 remaining therein more than twenty-four hours, shall 

 not be required to enter or clear at the custom-house, 

 providing that they do not communicate with the 

 shore. 



4. Forfeiture to be exacted only for the offenses of 

 fishing or preparing to fish in territorial waters. 



5. This arrangement to take effect as soon as the 

 necessary mea-sures can be completed by the colonial 

 authorities. J. CHAMBERLAIN. 



L. S. SACKVILLE WEST. 

 CHAULES TUPPER. 

 WASHINGTON. FA. 15, 1888. 



PROTOCOL. 



The American plenipotentiaries, having received 

 the communication of the British plenipotentiaries of 

 this date conveying their plan for the administration 

 to be observed by the Governments of Canada and 

 Newfoundland in respect of the fisheries during the 

 period which may be requisite for the consideration 

 by the Senate of the treaty this day signed, and the 

 enactment of the legislation by the respective Gov- 

 ernments therein proposed, desire to express their 

 satisfaction with this manifestation of an intention on 

 the part of the British plenipotentiaries, by the means 

 referred to, to maintain the relations of good neigh- 

 borhood between the British possessions in North 

 America and the United States ; and they will convey 

 the communication of the British plenipotentiaries to 

 the President of the United States, with a recommen- 

 dation that the same may be by him made known to 

 the Senate for its information, together with the 

 treaty, when the latter is submitted to that body for 

 ratification. T. F. BAYARD. 



JAMES B ANGELL. 



WILLIAM L. PUTNAM. 

 WASHINGTON, /li. 15. l^SS. 



In his speech in criticism of the treaty. May 

 29. Mr. Frye, of Maine, said of the delimita- 

 tion articles: "The first eight articles relate 

 entirely to delimitation. Who asked for de- 

 limitation ? Who entered complaint that the 

 fishermen in the northeast could not tell where 

 the three-mile shore-line was, or where bays 

 six miles wide at their mouths were ? Did tins 

 commission ever hear of any complaint? I am 

 aware, sir, that Great Britain, about 1823, in 

 the pursuit of her aggressiveness toward us, 

 declared that these bays were to be measured 

 from headland to headland. But I am equally 

 aware that in less than six months after the 

 claim was made she sent instructions to the 

 colonial officers not to enforce it. and for the 

 whole seventy years it never has been enforced, 

 except in two instances, that of the 'Argus' 

 and the ' Washington.' The ' Washington ' 

 was seized in 1843 in the Bay of Fundy fishing 

 outside of the three-mile shore-line. I am 

 equally well aware that subsequently, when we 

 made claim, and on the seizure of the 'Ar- 

 gus,' the two seizures, the whole matter was 

 referred to arbitrators: and that after hearing 

 they determined that neither the ' Argus ' nor 

 the ' Washington,' was within British waters. 

 In other words, they determined that the claim 

 made by Great Britain was not sustained by 

 the law or by the treaties, and that this three- 

 mile shore-line and six-mile bay were to con- 

 trol." 



Of the ninth and tenth articles, he said : 

 " And the President of the United States 

 congratulates us in his message that at last the 

 Strait of Canso is free and open. Why, sir, it 

 never was closed in the history of the world, 

 and no nation ever dared to close it, and no 



