PERIOD FROM 1854 TO 1871. 637 



The high character and recognized ability of the British Commis- 

 sioners afford ample security that the interests of Canada will be 

 carefully protected during the forthcoming negotiations. 



I have, &c, (Signed.) Kimberley. 



Earl of Kimberley to Lord Lisgar. 



Downing Street, 17th March, 1871. 



My Lord, — In answer to your telegram received on the 10th in- 

 stant, stating that in the opinion of your Government, the Canadian 

 Fisheries cannot be sold without the consent of the Dominion, I have 

 already informed your Lordship by Telegraph that Her Majesty's 

 Government never had any intention of advising Her Majesty to part 

 with those fisheries without such consent. 



When the Reciprocity Treaty a\ as concluded, the Acts of the Xova 

 Scotian and Xew Brunswick Legislatures relating to the Fisheries 

 were suspended by Acts of those Legislatures, and the Fishery rights 

 of Canada are now under the protection of a Canadian Act of Parlia- 

 ment, the repeal of which would be necessary in case of the cession 

 of those rights to any Foreign Power. 



I think it right however to add that the responsibility of deter- 

 mining what is the true construction of a Treaty, made by Her 

 Majesty with any foreign power, must remain with Her Majesty's 

 Government, and that the degree to which this Country would make 

 itself a party to the strict enforcement of Treaty Eights may depend 

 not only on the literal construction of the Treaty, but on the modera- 

 tion and reasonableness with which those rights are asserted. 

 I have, etc., 



(Signed) Kimberley. 



Govcrner General The Right Honorable Lord Lisgar, 



G. 6. B., G. C. M. G., etc., etc., etc. 



Admiral Fanshawe to the Secretary to the Admiralty. 



PROTECTION OK THE CANADIAN FISHERIES. 



No. lor.."] Royal Alfred, Bermi da, .lUt April, 1871. 



Sn; As the Fishing season on the coasl <>f Canada is now ap- 

 proaching, I have (<> report, for the information of (he Lor. is Commis- 

 sionere oi the Admiralty, that I am aboul to a<l<>]>( similar measures 

 to those taken by my predecessor la I year for the protection of the 

 Fisheries, and enclose Li I shewing the Vessels thai will probably be 

 employed and their respective Btations. 



2. The only addition to the [nstructions to the Officers in com- 

 mand proceeding on this service, will be with reference to their Lord- 

 ships Letter, ' >. M.. of the L5th October, L870, which will run 

 .i follows, ■• The tran hijpmenl of Fish and obtaining supplies by 

 "American fishery V< cannot be regarded as b substantial 



