410 APPENDIX TO BRITISH CASE. 



244 Under present circumstances, it is more than ever important 

 that there should be an entire concurrence of action, and, if 

 possible, of opinion, between the two Governments, and the Commit- 

 tee of the Privy Council are convinced that this will best be secured 

 by a full and frank expression of their views. 



The recent message of the President of the United States affords, 

 in the opinion of the Committee of the Privy Council, conclusive 

 proof that the conciliatory policy regarding the fisheries which has 

 prevailed since the abrogation of the Reciprocity Treaty has not been 

 appreciated by the United States. Had the vigorous policy, an- 

 nounced in Secretary Sir John Pakington's dispatch of 27th May. 

 1852 and which, though it caused great irritation, and led to many 

 threats, secured, nevertheless, the ratification of the Reciprocity 

 Treaty been resumed immediately on the abrogation of that treaty, 

 the irritation which will never cease to exist so long as a single 

 privilege is withheld from the American fishermen, would have been 

 directed against the Government which had abrogated the treaty, 

 and not against that of Canada. In the hope that conciliation would 

 lead to important concessions to Canada, a temporizing policy has 

 been pursued for years, and the result is that when very moderate 

 restrictions are enforced the Chief Magistrate of the United States 

 charges Canada with having acted in an unfriendly spirit. 



The Committee of the Privy Council think it far from improbable 

 that if the regulations, which were in existence prior to 1854. for 

 protecting the British fisheries, had been enforced with equal vigour 

 after the abrogation of the Reciprocity Treaty, that treaty would 

 long ere this have been renewed in a form that would have been 

 acceptable to Canada. 



The recent message of the President is, in their opinion, far from 

 discouraging. It proves how severely the American fishermen have 

 felt the very moderate restrictions imposed on them last season, and 

 how strong will be the pressure which they will bring to bear on their 

 own Government to secure for them in some way the privilege of fish- 

 ing in British waters. The President, no doubt, hopes that he will 

 accomplish that object by threats, but should these prove unavailing 

 he will probably resort to negociation. 



The Committee of the Privy Council are persuaded that conces- 

 sions to the United States will invariably be followed by fresh 

 demands. 



So soon as Great Britain evinced a disposition to take a liberal 

 view of the Headland question, a claim was set up that had never 

 been previously thought of, that fishing vessels should be permitted 

 to trade in Canadian ports, although the practical effect of such a 

 concession would be to facilitate very greatly the illegal traffic of the 

 American fishermen. But were this further concession made, the 

 trespasses within the three mile limit would be stimulated, and if all 

 other Canadian fishing rights were abandoned, the next demand 

 would, probably, be for considerable cessions of territory. In the 

 opinion of the Committee of the Privy Council it is advisable to 

 adhere to the provisions of the Treaty of 1818. If the interpretation 

 of that Treaty by the law officers of the Crown in England be dis- 

 puted, a reference should be made to a friendly power, or to learned 

 jurists impartially selected, to settle its true interpretation according 

 to the principles of general and international law; but should such 



