DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 425 



No. 162. 1873, July 5: Telegram from Governor Hill of Newfound- 

 land to Sir E. Thornton (British Minister at Washington], Re- 

 ceived 3.10 July 5, 1873. 



ST. JOHN: NEWFOUNDLAND. 



The proviso to which American Govt object, has relation to enact- 

 ments as to time and mode of taking herring and salmon shown by 

 experience to be necessary for the preservation of those fisheries and 

 consequently for the common interest of all engaged in them. The 

 Governor will in his Proclamation according to the powers vested in 

 him by the second section of our Washington Treaty Act confirm this 

 and so express it as to remove any possible objection to the terms 

 of the Act which were not intended in any way to interfere with the 

 bona fide operation of the Treaty The Governor's powers by the sec- 

 ond section are as follows The Governor in Council by any order 

 or orders to be made for that purpose may do anything further in 

 accordance with the spirit and intention of the Treaty which shall 

 be found necessary to be done on the part of this island to give full 

 effect to the Treaty and any such order shall have the same effect 

 as if the object thereof were expressly provided for by this Act I 

 shall send a copy of this telegram to the Earl of Kimberley . 



No. 163. 1873, July 10: Letter from Sir E. Thornton to Governor 



Hill. 



WASHINGTON, July 10, 1873. 



SIR, With reference to my letter of the 7th instant, I have the 

 honour to inform your Excellency that Mr. Bancroft Davis, the 

 Acting Secretary of State, this morning stated to me, on behalf of 

 Mr. Fish, that the latter regretted that he was still unable, notwith- 

 standing the explanations given in your Excellency's telegram of the 

 5th instant, to recommend to the President to issue a Proclamation 

 for carrying into effect, with regard to Newfoundland, certain Arti- 

 cles of the Treaty of May 8, 1871, because the Act of Newfoundland 

 was not a full consent to the Articles of the Treaty, nor such a con- 

 sent as would allow the President, who must be guided by the pro- 

 visions of the Act of Congress upon the subject, to issue the Procla- 

 mation in question. 



Mr. Bancroft Davis added, that Mr. Fish admitted, that as the 

 United States' authorities would expect British fishermen, in Amer- 

 ican waters, to observe the police regulations with regard to the fish- 

 eries, so the Government of the United States would make no objec- 

 tion to similar regulations being enforced against American fishermen 

 in British waters; but it could not accept the Act of Newfoundland, 

 which contained restrictions of which no mention had been made in 

 the Treaty. 



I have, &c. (Signed) ED\VD. THORNTON. 



