36 TREATY PROVISIONS RELATING TO FISHERIES 



Memorandum of Mr. "West. 

 (Received June 13, 1885.) 



It is proposed to state in notes according temporary arrangement 

 respecting fisheries that an agreement has been arrived at under cir- 

 cumstances affording prospect of negotiation for development and ex- 

 tension of trade between the United States and British North America. 



The government of Newfoundland do not make refunding of duties 

 a condition of their acceptance of the proposed agreement, but they 

 rely on it having due consideration before the international commis- 

 sion which may be appointed. 



Mr. Bayard to Mr. West. 



Department of State, 

 Washington, June 19, 1885. 



My Dear Mr. West: I assume that the two memoranda you 

 handed to me on the 13th instant embrace the acceptance by the 

 Dominion and the British American coast provinces of the general 

 features of my memorandum of April 21, concerning a temporary 

 arrangement respecting the fisheries, with the understanding ex- 

 pressed on their side that the " agreement has been arrived at under 

 circumstances affording prospect of negotiation for development and 

 extension of trade between the United States and British North 

 America." 



To such a contingent understanding I can have no objection. In- 

 deed, I regard it as covered by the statement in my memorandum of 

 May 21, that the arrangement therein contemplated would be reached 

 " with the understanding 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 Great 

 Britain should be respectively represented, which commission should 

 be charged with the consideration and settlement, upon a just, equi- 

 table, and honorable 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 equities of the question being before such a mixed commission 

 would doubtless have the fullest latitude of expression and treatment 

 on both sides ; and the purpose in view being the maintenance of good 

 neighborhood and intercourse between the two countries, the recom- 

 mendation of any measures which the commission might deem neces- 

 sary to attain those ends would seem to fall within its province, and 

 such recommendations could not fail to receive attentive considera- 

 tion. 



I am not, therefore, prepared to state limits to the proposals to be 

 brought forward in the suggested commission on behalf of either 

 party. 



I believe this statement will be satisfactory to you, and I should be 

 pleased to be informed at the earliest day practicable of your accept- 

 ance of the understanding on behalf of British North America; and 

 by this simple exchange of notes and memoranda the agreement will 



