698 APPENDIX TO BRITISH CASE. 



and Newfoundland, from the operation of the Fishery Articles of 

 the Treaty. 



Her Majesty's Government and the Government of Canada, in 

 proof of their earnest desire to treat the question in a spirit of 

 liberality and friendship, are now willing to revert for the coining 

 fishing season, and, if necessary, for a further term, to the condition 

 of things existing under the Treaty of Washington, without any 

 suggestion of pecuniary indemnity. 



This is a proposal which, I trust, will commend itself to your 

 Government as being based on that spirit of generosity and good- 

 will which should animate two great and kindred nations, whose 

 common origin, language, and institutions constitute as many bonds 

 of amity and concord. 



I have, &c., (Sd.) SALISBURY. 



[Draft Protocol communicated by Mr. Adams to the Earl of Claren- 

 don in 1866. enclosed in above.] 



Whereas in the 1st Article of the Convention between the United 

 States and Great Britain concluded and signed in London on the 

 26th October, 1818, it was declared that 



The United States hereby renounce, for ever, any liberty heretofore enjoyed 

 or claimed by the inhabitants thereof to take, dry or cure fish on or within 

 three marine miles of any of the coasts, bays, creeks, or harbours of His 

 Britannic Majesty's dominions in America, not included within certain limits 

 heretofore mentioned. 



And whereas differences have arisen in regard to the extent of the 

 above-mentioned renunciation the Government of the United States 

 and Her Majesty the Queen of Great Britain, being equally desirous 

 of avoiding further misunderstanding, have agreed to appoint, and 

 do hereby authorise the appointment, of a Mixed Commission for the 

 following purposes, namely: 



1. To agree upon and define, by a series of lines, the limits which 

 shall separate the exclusive from the common right of fishery, on 

 the coasts and in the seas adjacent, of the British North American 

 Colonies, in conformity with the 1st Article of the Convention of 

 1818. The said lines to be regularly numbered, duly described, and 

 also clearly marked on charts prepared in duplicate for the purpose. 



2. To agree upon and establish such regulations as may be neces- 

 sary and proper to secure to the fishermen of the United States the 

 privilege of entering bays and harbours for the purpose of shelter; 

 and of repairing damages therein, of purchasing wood, and of ob- 

 taining water; and to agree upon and establish such restrictions as 

 may be necessary to prevent the abuse of the privilege reserved by 

 said Convention to fishermen of the United States. 



3. To agree upon and recommend the penalties to be adjudged, and 

 such proceedings and jurisdiction as may be necessary to secure a 

 speedy trial and judgment with as little expense as possible, for the 

 violation of rights and the transgression of the limits and restrictions 

 which may be hereby adopted. 



Provided, however, that the limits, restrictions and regulations 

 \vhich may be agreed upon by the said Commission shall not be final, 

 nor have any effect, until so jointly confirmed and declared by the 

 United States and Her Majesty the Queen of Great Britain, either 



