636 CORRESPONDENCE, ETC. 



The Earl of Kimberley to Lord Lisgar. 



Downing Street, 

 16th February, 1871. 



My Lord: You have already been informed by telegram of the 

 views of Her Majesty's Government upon the Fishery Questions, but 

 I think it will be convenient, with reference to the pending negotia- 

 tions, that a somewhat fuller statement of those views should now be 

 placed on record. 



It would not be possible for Her Majesty's Government to pledge 

 themselves to any foregone conclusion upon any particular point con- 

 nected with these negotiations, but they have anxiously considered 

 the questions which concern Canada ; and they feel confident that the 

 Canadian Government, will agree with them that a satisfactory ter- 

 mination of the difficulties which have arisen with the United States, 

 can only be attained by taking as broad and liberal a view as is 

 consistent with the just rights and real interests of the Dominion. 



As at present advised, Her Majesty's Government are of opinion 

 that the right of Canada to exclude Americans from fishing in the 

 waters within the limits of three marine miles of the coast, is beyond 

 dispute, and can only be ceded for an adequate consideration. 



Should this consideration take the form of a money payment, it 

 appears to Her Majesty's Government, that such an arrangement 

 would be more likely to work well than if any conditions were an- 

 nexed to the exercise of the privilege of fishing within the Canadian 

 waters. 



The presence of a considerable number of cruisers would always be 

 necessary to secure the performance of such conditions and the en- 

 forcement of penalties for the non-observance of them would be 

 certain to lead to disputes with the United States. 



With respect to the question, what is a Bay or Creek, within the 

 meaning of the first Article of the Treaty of 1818, Her Majesty's 

 Government adhere to the interpretation which they have hitherto 

 maintained of that Article, but they consider that the difference 

 which has arisen with the United States on this point, might be a fit 

 subject for compromise. 



The exclusion of American fishermen from resorting to Canadian 

 Ports, " except for the purpose of shelter, and of repairing damages 

 therein, of purchasing wood and of obtaining water," might be 

 warranted by the letter of the Treaty of 1818, and by the terms of 

 the Imperial Act, 59, Geo. Ill, chap. 38, but Her Majesty's Govern- 

 ment feel bound to state that it seems to them an extreme measure — ■ 

 inconsistent with the general polic}' of the Empire, and they are dis- 

 posed to concede this point to the United States Government, under 

 such restrictions as may be necessary to prevent smuggling, and to 

 guard against any substantial invasion of the exclusive rights of 

 fishing which may be reserved to British subjects. 



In conclusion I have to state that Pier Majesty fully appreciated 

 the loyal and prompt manner in which the Canadian Government 

 ha ented to the appointment of the Commission which is about 



to sit at Washington. 



