SPECIAL PROVISIONS. 9 



the United States, and by His Britannic Majesty's Ambassador at 



Washington, The Right Honorable James Bryce, O. M., on behalf of 



Great Britain. 



Done at Washington on the 27th day of January, one thousand nine 



hundred and nine. 



Elihtj Root [seal] 

 James Bryce [seal] 



Mr. Bacon to Mr. Bryce. 



No. 541.] Department or State, 



February 21, 1909. 



Excellency: I have the honor to inform you that the Senate, by 

 its resolution of the 18th instant, gave its advice and consent to the 

 ratification of the Special Agreement between the United States and 

 Great Britain, signed on January 27, 1909, for the submission to the 

 Permanent Court of Arbitration at The Hague of questions relating 

 to fisheries on the North Atlantic Coast. 



In giving this advice and consent to the ratification of the Special 

 Agreement, and as a part of the act of ratification, the Senate states 

 in the resolution its understanding: 



That it is agreed by the United States and Great Britain that question 5 of 

 the series submitted, namely, " from where must be measured the three marine 

 miles of any of the coasts, bays, creeks or harbors referred to in said article," 

 does not include any question as to the Bay of Fundy, considered as a whole 

 apart from its bays or creeks, or as to innocent passage through the Gut of 

 Canso, and that the respective views or contentions of the United States and 

 Great Britain on either subject shall be in no wise prejudiced by anything in 

 the present arbitration, and that this agreement on the part of the United States 

 will be mentioned in the ratification of the special agreement and will, in effect, 

 form part of this special agreement. 



In thus formally confirming what I stated to you orally, I have the 

 honor to express the hope that you will in like manner formally con- 

 firm the a— tut of His Majesty's Government to this understanding 

 which you heretofore stated to me orally, and that you will be pre- 

 pared at an early day to exchange the notes confirming the Special 

 Agreement as provided for therein and in the general arbitration con- 

 vention of June 5, 1908. 

 I have the honor to be, with the highest consideration, 

 Your Excellency's most obedient servant, 



Robert Bacon. 

 Hi- Excellency The Right Honorable James Bryce, 



Etc.) Etc., Etc. 



Mr. Bryce to Mr. Bacon. 



No. 55. | British Embassy, 



Waskmgton, March ./. 1909. 



Sir: I have the honour to acknowledge I ho receipt of your note in- 

 forming me thai the Senate of the United States has ;i|>provcd the 

 Special A.greemen1 for the reference to arbitration of tne questions 

 relating to the fisheries on the North Atlantic Coast and of the terms 



of the Resolution in which that approval is given. 



