DESPATCHES, EEPORTS, CORRESPONDENCE, ETC. 



703 



reserved. The words 

 " and for no other pur- 

 pose whatever " would in 

 this relation be surplus- 

 age. The restrictions to 

 prevent the abuse of the 

 privileges referred to 

 would necessarily be such 

 as to prevent the " tak- 

 ing, drying, and curing " 

 of fish. For these rea- 

 sons the words referred 

 to were not inserted, nor 

 is the usefulness of their 

 insertion apparent. 



Ad interim Arrangement 

 proposed by the United 

 States' Government. 



ARTICLE II. 



Pending a definitive ar- 

 rangement on the subject, 

 Her Britannic Majesty's 



Government agree 

 420 to instruct the 



proper Colonial and 

 other British officers to 

 abstain from seizing or 

 molesting fishing vessels 

 of the United States un- 

 less they are found within 

 3 marine miles of any of 

 the coasts, bays, creeks, 

 and harbours of Her Bri- 

 tannic Majesty's domin- 

 ions in America, there 

 fishing, or to have been 

 fishing or i .repariug to 

 fish within those limits, 

 not included within the 

 limits within which, un- 

 der the Treaty of 1818, 

 the fishermen of the 

 United States continue to 

 retain a common right of 

 fishery with Her Britan- 

 nic Majesty's subjects. 



Ad interim Arrangement 

 proposed by the United 

 States' Government. 



ARTICLE III. 



For the purpose of exe- 

 cuting Article I of the 

 Convention of 1818, the 

 Government of the United 

 States and the Govern- 

 ment of Her Britannic 

 Majesty hereby agree to 

 send each to the Gulf of 

 St. Lawrence a national 

 vessel, and also one each 

 to cruise during the fish- 



ing season on the south- 

 ern coasts of Nova Scotia. 

 Whenever a fishing ves- 

 sel of the United States 

 shall be seized for violat- 

 ing the provisions of the 

 aforesaid Convention by 

 fishing or preparing to 

 fish within 3 marine 

 miles of any of the coasts, 

 bays, creeks, and har- 

 bours of Her Britannic 

 Majesty's dominions in- 

 cluded within the limits 

 within which fishing is by 

 the terms of the said 

 Convention renounced, 

 such vessel shall forth- 

 with be reported to the 

 officer in command of one 

 of the said national ves- 

 sels, who, in conjunction 

 with the officer in com- 

 mand of another of said 

 vessels of different na- 

 tionality, shall hear and 

 examine into the facts of 

 the case. Should the said 

 Commanding Officers be 

 of opinion that the charge 

 is not sustained, the ves- 

 sel shall be released. But 

 if they should be of 

 opinion that the vessel 

 should be subjected to a 

 judicial examination, she 

 shall forthwith be 

 421 sent for trial be- 

 fore the Vice-Ad- 

 miralty Court at Halifax. 

 If, however, the said 

 Commanding Officers 

 should differ in opinion, 

 they shall name some 

 third person to act as 

 Umpire between them, 

 and should they be un- 

 able to agree upon the 

 name of such third per- 

 son, they shall each name 

 a person, and it shall be 

 determined by lot which 

 of the two persons so 

 named shall be the Um- 

 pire. 



Ad interim Arrangement 

 proposed by the United 

 States' Government. 



ARTICLE IV. 



The fishing-vessels of 

 the United States shall 

 have in the established 

 ports of entry of Her 

 Britannic Majesty's do- 



minions in America the 

 same commercial privi- 

 leges as other vessels of 

 the United States, includ- 

 ing the purchase of bait 

 and other supplies ; and 

 such privileges shall be 

 exercised subject to the 

 same Ilules and Ilegula- 

 tions and payment of the 

 same port charges as are 

 prescribed for other ves- 

 sels of the United States. 



Observations on Mr. Bay- 

 ard's Memorandum. 



This Article would sus- 

 pend the operation of the 

 Statutes of Great Britain 

 and of Canada, and of 

 the provinces now consti- 

 tuting Canada, not only 

 as to the various of- 

 fenses connected with 

 fishing, but as to Cus- 

 toms, harbours, and ship- 

 ping, and would give to 

 the fishing-vessels of the 

 United States privileges 

 in Canadian ports which 

 are not enjoyed by ves- 

 sels of any other class, or 

 of any other nation. Suck 

 vessels would, for exam- 

 ple, be free from the duty 

 of reporting at the Cus- 

 toms on entering a Cana- 

 dian harbour, and no 

 safeguard could be adopt- 

 ed to prevent infraction 

 of the Customs Laws by 

 any vessel asserting the 

 character of a fishing 

 vessel of the United 

 States. 



Instead of allowing to 

 such vessels merely the 

 restricted privileges re- 

 served by the Convention 

 of 1818, it would give 

 them greater privileges 

 than are enjoyed at the 

 present time by any ves- 

 sels in any part of the 

 world. 



Observations on Mr. Bay- 

 ard's Memorandum. 



This Article would de- 

 prive the Courts in Can- 

 ada of their jurisdiction, 

 and would vest that juris- 

 diction in a tribunal not 

 bound by legal principles, 



