PERIOD FROM 1854 TO 1871. 629 



of the United States, on the subject to which the memorandum 

 relates. 



The object of Her Majesty's Government is. as you will observe, 

 to give effect to the wishes of your Government, by appointing a Joint 

 Commission, on which Great Britain, the United State-, and Canada, 

 are to be represented, with the object of enquiring what ought to be 

 the geographical limits of the exclusive Fisheries of the British 

 North American Colonies. In accordance with the understood desire 

 of your advisers, it is proposed that the enquiry should be held in 

 America. 



The proposal contained in the last paragraph, is made with a view 

 to avoid diplomatic difficulties, which might otherwise attend the 

 negotiation. 



I have, etc., 



(Signed) Kimberlet. 



Governor-General The Right Hon. Sir John Young, G. C. B., 

 G. C. M. G. 



[Inclosure.] 



Memorandum for Foreign Office rcsp< cting a Commission to settle 

 limits of the right of exclusive Fishery on the Coast of British 

 North America. 



A convention made between Great Britain and the United States, 

 on the 20th October, 1818, after securing to American fishermen cer- 

 tain rights to be exercised on part of the coasts of Newfoundland 

 and Labrador, proceeded as follows: — 



"And the United States hereby renounce, for ever, any Liberty 

 heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, 

 or cure fish on or within three mile- of any of the coast . bays, creeks, 

 or harbors of His Brittanic Majesty's Dominions in America, not 

 included within the above limits. 



The right of Great Britain to exclude American fishermen from 

 waters within three miles of the coast is unambiguous, and it is be- 

 lieved, uncontested. Bui there appears to be some doubt what arc 

 the water de cribed as within three miles of bays, creeks, and har- 

 bors. When a bay is le - than i\ miles broad, Its waters are within 

 the three miles Limit, and therefore clearli within the meaning of the 

 Treaty; but when it is more than that breadth, the question arises 

 whether it is a bay of Her Britannic Maje ty'a Dominions, 



This is b que tion winch has to be considered in each particular 

 with regard to International Law and u age. When such a hay, 

 i not a bay of Her Maj< I ' Dominions, the American 6 her 

 men will be entitled to fish in it, except within three mile of the 

 "coast"; "when it i a bay of Her Majesty's Dominion "they will 

 not be entitled to 6 h within three milet of it, that i to say, (it is 

 pre timed), within three mile of •■' hue drawn from headland to 

 headland. 



It i de irable that the Briti h and American Government hould 

 come i" ; i ■ lear under landing in the ca e of each bay, creek, or bar 

 1, ( , r. what are the preci e limit of the exclu ive right of <■ 

 Britain, and hould define tho e limit in Buch a waj ae to be in- 



