BETWEEN THE UNITED STATES AND GREAT BRITAIN. 35 



MEMORANDUM. 



The legislation passed by the Congress of the United States, act of 

 March 1, 1873, for the execution of the fishery articles of the treaty of 

 Washington, has been repealed by the joint resolution of March 3, 

 1883, the repeal to take effect July 1, 1885. From that date the effects 

 of the fisheries articles of the treaty of Washington absolutely de- 

 termine, so far as their execution within the jurisdiction of the United 

 States is concerned, and without new legislation by Congress modi- 

 fying or postponing that repeal the Executive is not constitutionally 

 competent to extend the reciprocal fisheries provisions of the treaty 

 beyond the 1st of July next, the date fixed by the action of Congress. 



Mr. West's memorandum of March 12, 1885, suggests the mutual 

 practical convenience that would accrue from allowing the fishing 

 ventures commenced prior to July 1, 1885, to continue until the end of 

 the season for fishing of that year, thus preventing their abrupt 

 termination in the midst of fishing operations on the 1st of July. 



It has been, moreover, suggested on the part of the Province of 

 Newfoundland and of the Dominion of Canada, that in view of the 

 mutual benefit and convenience of the present local traffic, consisting 

 of the purchase of ice. bait, wood, and general ship supplies by the 

 citizens of the United States engaged in fishing from the inhabitants 

 of the British American fishing coast, the usual operations of the 

 fishing season of 1885 should be continued by the fishing vessels be- 

 longing to citizens of the United States until the end of the season of 

 that year, and that the local authorities of Newfoundland and of the 

 Dominion of Canada, in a spirit of amity and good neighborhood, 

 should abstain from molesting such fishermen or impeding their prog- 

 ress or their local traffic with the inhabitants incidental to fishing dur- 

 ing the remainder of the se;i«>n of L885, and all this with the under- 

 standing that the President of the United States would bring the 

 whole question of the fisheries before Congress at its next session in 

 December, and recommend the appointment of a commission in which 

 the Governments of the United States and of Great Britain should be 

 respectively represented, which commission should be charged with 

 the consideration and settlement, upon a just, equitable, and honorable 

 basis, of the entire question of the fishing rights of the two Govern- 

 ments Mini their respective citizens on the coast of the United States 

 and British North America. 



The President of the United Slates would be prepared to recom- 

 mend the adoption of such action by Congress with the understand- 

 ing that in view and in consideration of such promised recommenda- 

 tion there would be no enforcement of restrictive and penal laws and 

 regulations by the authorities of the Dominion of Canada or of the 

 Province of Newfoundland, against the fishermen of the United 

 States resorting to British American waters between the 1st of July 

 next and the close of the present year's fishing season; the mutual 

 objed and intent being to avoid any annoyance to the individuals 

 engaged in this business and traffic, and the invitation or ill-feeling 

 that might 1"' engendered by a harsh or vexatious enforcement of 

 stringent local regulations "ii the fishing coast pending an effort to 

 have :i just and amicable arrangement 01 an important and somewhat 

 delicate question between the two nations. 



Public knowledge of this understanding and arrangement can be 

 given by an exchange of notes between Mr. West and myself, which 

 can be given to the press. 



92909°— S. Doc. H70, fil-3, vo\ 2 I 



