DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 471 



Her Majesty's Government have no wish to insist on any illiberal 

 construction of the language of the Treaty, and would not consider 

 it necessary to make any formal complaint on the subject of a casual 

 infringement of the letter of its stipulations which did not involve 

 any substantial detriment to British interests, and to the fishery in 

 general. 



An excess on the part of the United States' fishermen of the precise 

 limits of the rights secured to them might proceed as much from 

 ignorance as from wilfulness; but the present claim for compensa- 

 tion is based on losses resulting from a collision which was the direct 

 consequence of such excess, and Her Majesty's Government feel bound 

 to point to the fact that the United States' fishermen were the first 

 and real cause of the mischief by overstepping the limits of the privi- 

 leges secured to them, in a manner gravely prejudicial to the rights 

 of other fishermen. 



For the reasons above stated Her Majesty's Government are of 

 opinion that, under the circumstances of the case as at present within 

 their knowledge, the claim advanced by the United States' fishermen 

 for compensation on account of the losses stated to have been sus- 

 tained by them on the occasion in question is one which should not 

 be entertained. 



Mr. Evarts will not require to be assured that Her Majesty's Gov- 

 ernment, while unable to admit the contention of the United States' 

 Government on the present occasion, are fully sensible of the evils 

 arising from any difference of opinion between the two Governments 

 in regard to the fishery rights of their respective subjects. They 

 have always admitted the incompetence of the Colonial or the Im- 

 perial Legislature to limit by subsequent legislation the advantages 

 secured by Treaty to the subjects of another Power. If it should be 

 the opinion of the Government of the United States that any Act of 

 the Colonial Legislature subsequent in date to the Treaty of Wash- 

 ington has trenched upon the rights enjoyed by the citizens of the 

 United States in virtue of that instrument, Her Majesty's Govern- 

 ment will consider any communication addressed to them in that view 

 with a cordial and anxious desire to remove all just grounds of com- 

 plaint. 



I am, &c (Signed) SALISBURY. 



No. 172. 1880, May 17: Report of the United States' Secretary of 

 State on the Occurrences at Fortune Bay. 



DEPARTMENT OF STATE, 



Washington, May 17, 1880. 

 To the President: 



The Secretary of State, to whom were referred the Resolution of 

 the House of Representatives of the 27th of April ultimo, requesting 

 the President, " If not inconsistent with the public interest, to trans- 

 mit to this House copies of all correspondence not now communi- 

 cated with the English Government relating to the alleged inter- 

 ference with American fishermen in Fortune Bay on the 6th of 

 January, 1878," and a Resolution of the Senate of the 28th of the 



