DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 423 



Mr. Fish admitted that in both cases the fishermen of the two 

 countries would have to observe the laws enacted by the country 

 within whose jurisdiction they might be fishing, but that such restric- 

 tions had not formed part of the Treaty or of the laws of the different 

 countries interested in the matter with the exception of Newfound- 

 land, and that he thought there was no ground for this exception. 

 He would however take the matter into consideration and inform 

 me of the result of his deliberations. 



In consequence of this conversation I on the following day 

 252 addressed to Mr. Fish a further note, copy of which is also 

 inclosed, showing the nature of the restrictions alluded to in 

 the proviso of the first section of the Newfoundland Act. 



But I have not yet received an answer to either of these notes. 

 I have the honour to be with the highest respect, my Lord, 

 Your Lordship's most obedient humble servant. 



EDWD. THORNTON. 

 The Earl Granville K. G. 



&c. &c. &c. 



No. ISO. 1873, June 25: Letter from Mr. Fish to Sir E. Thornton. 



DEPARTMENT OF STATE, Washington, 25 June 1873. 



SIR : I have the honour to acknowledge the reception of your note 

 of the 19th instant transmitting, in compliance with instructions from 

 Earl Granville, a copy of an Act passed by the Legislature of New- 

 foundland to carry into effect Articles 18 to 25 of the Treaty of May 

 8, 1871. In this note you state that you are instructed to inquire 

 whether the President of the United States will be prepared on the 

 1st of July next to issue a Proclamation with reference to Newfound- 

 land in accordance with the 2nd section of a recent Act of Congress 

 relating to the Treaty of Washington. 



An examination of the Act passed by the Legislature of Newfound- 

 land discloses that the suspension by that Legislature of the laws 

 which operate to prevent the Articles referred to of the Treaty from 

 taking full effect, is qualified, and is accompanied by a proviso that 

 certain laws, rules and regulations relating to the time and manner of 

 prosecuting the fisheries on the coasts of Newfoundland, are not to 

 be in any way affected by such suspension. 



From your note of 20th instant I understand that from a Report 

 made by the Attorney General of Newfoundland to the Governor, it 

 would appear that the proviso referred to contemplates a restriction 

 in point of time, of the herring fisheries on the western coast of the 

 island. 



The Treaty places no limitation of time, within the period during 

 which the Articles relating to the fisheries are to remain in force, 

 either upon the right of taking fish on the one hand, or of the exemp- 

 tion from duty of fish and fish oil, (as mentioned therein). 



I regret, therefore, that the Act of the Legislature of Newfound- 

 land, which reserves a right to restrict the American right of fishing, 

 within certain periods of the year, does not appear to be such consent 

 on the part of the Colony of Newfoundland to the application of the 

 stipulations and provisions of Articles 18 to 25 of the Treaty, as is 



