490 APPENDIX TO BRITISH CASE. 



1880, communicating my great gratification at the friendly disposi- 

 tion of the British Cabinet, and saying that, " the President would be 

 quite ready to entertain any consideration which may be presented to 

 the Secretary of State to relieve the question of the fisheries from 

 its present difficulties." 



On Ocober 27, 1880, Lord Granville addressed you the communica- 

 tion which is the subject of this despatch. I regret to find in this 

 communication a disposition to restrict a liberal compensation for an 

 acknowledged wrong by limitations of the fishing rights accorded by 

 the Treaty to which this Government cannot consent. The use of 

 the strand, not as a basis of independent fishing, but as auxiliary to 

 the use of the seine in these waters where seine-fishing is the only 

 possible mode of taking herring, has been maintained by this Govern- 

 ment in my former despatches, and would seem to be justified by the 

 explicit declaration of Her Majesty's Government in the " case " 

 submitted by them to the Halifax Commission, in which, referring to 

 the use of the shores, it is affirmed " without such permission the 

 practical use of the inshore fisheries was impossible." But as 

 292 Lord Granville distinctly refers the propriety and justice of 

 these limitations to further negotiations I will not now discuss 

 them, reserving what I deem it right to say for a future despatch in 

 reference to the second of his Lordship's suggestions. 



I have recalled to your attention the history of the Fortune Bay 

 outrage, in order that you may express to Her Britannic Majesty's 

 Government the great disappointment which this long delay in its 

 settlement has occasioned. The circumstances under which it oc- 

 curred were such as to induce this Government to anticipate prompt 

 satisfaction, and it is impossible not to feel that the course which 

 the British Government has thought fit to pursue has seriously af- 

 fected public opinion as to the worth of the Treaty which it was 

 hoped by both countries had promoted an amicable solution of long- 

 standing difficulties. 



The United States Government cannot feel that justice has been 

 done its citizens in the protracted discussion which this occurrence 

 has provoked, and while perfectly willing to endeavour in concert 

 with Her Britannic Majesty's Government to find some practical and 

 friendly solution of the differences of construction as to the Treaty 

 provisions which their application seems to have developed, this Gov- 

 ernment cannot consent that, pending such discussion, its citizens 

 shall be exposed" to the indignity and loss which have been imposed 

 upon them by these and like occurrences. 



You will intimate courteously but firmly to Lord Granville that in 

 accepting what we understand to be Uie proposition of Mer Majesty's 

 Government it is understood as carrying the idea that the settlement 

 suggested will be put in .course of immediate execution, and that the 

 determination of the amount of compensation will not be formally 

 confined by any limitation arising from any construction of the 

 Treaty which may be matter of difference between the two Govern- 

 ments. 



So useful to the great interests involved do I regard the prompt 

 settlement of this incident in our fishery relations, that I would be 

 glad to hear by telegraph that Lord Granville concurs in the simple 

 form of award which I have proposed. 



