DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 499 



of the Convention, United States' fishermen may properly be pre- 

 cluded from entering any harbor of the Dominion for the purpose 

 of transhipping cargoes, and that it is not material to the question 

 that such fishermen may have been engaged in fishing outside of 

 the " 3-mile limit " exclusively, or that the fish which they may desire 

 to have transhipped have been taken outside of such limit. 



That to deny the right of transhipment would not be a violation 

 of the general bonding arrangement between the two countries. 



That no bonding arrangement has been made which, to any extent, 

 limits the operation of the Convention of 1818, and, inasmuch as 

 the right to have access to the ports of what is now the Dominion 

 of Canada for all other purposes than those named, is explicitly 

 renounced by the Convention, it cannot with propriety be contended 

 that the enforcement of the stipulation above cited is contrary to 

 the general provisions upon which intercourse is conducted between 

 the two countries. 



Such exclusion could not. of course, be enforced against United 

 States' vessels not engaged in fishing. 



The Sub-Committee in stating this opinion are not unmindful of 

 the fact that the responsibility of determining what is the true inter- 

 pretation of a Treaty or Convention made by Her Majesty must re- 

 main with Her Majesty's Government, but in view of the necessity 

 of protecting to the fullest extent the inshore fisheries of the Domin- 

 ion according to the strict terms of the Convention of 1818, and in 

 view of the failure of the United States' Government to accede to 

 any arrangements for the mutual use of the insore [inshore] fish- 

 eries, the Sub-Committee recommend that the claim which is re- 

 ported to have been set up by the United States' Consul-General at 

 Halifax be resisted. 



The Committee concur in the foregoing report and recommenda- 

 tion, and they respectfully submit the same for your Excellency's 

 approval. 



(Sd.) JOHN J. McGEE, 



Cleric, Privy Council for Canada. 



No. 185. 1886, May 7 : Circular issued ~by the Canadian Customs 



Department. 



CIRCULAR No. 371. 



CUSTOMS DEPARTMENT, 



Ottawa, 7th May, 1886. 



SIR. The Government of the United States having by notice 

 terminated Articles 18 to 25, both inclusive, and Article 30. known 

 as the Fishery Articles of the Washington Treaty, attention is called 

 to the following provision of the Convention between the United 

 States and Great Britain, signed at London, on the 20th October, 

 1818 : 



Article 1st. Whereas differences have arisen respecting the liberty claimed 

 by the United States, for the inhabitants thereof, to take, dry and cure fish, 

 on certain coasts, bays, harbors and creeks, of His Britannic Majesty's Do- 

 minion, in America, it is agreed between the High Contracting Parlies, that 



