705 



which the right to take 

 fisli had already been ex- 

 pressly renounced. 



The purchase of bait 

 and other supplies by the 

 American fishermen in 

 the established ports of 

 entry of Canada, as pro- 

 posed in Article IV, is not 

 regarded as inconsistent 

 with any of the provi- 

 sions of the Treaty of 

 ISIS; and in this relation 

 it is pertinent to note the 

 declaration of the Earl of 

 Kimberley, in his letter 

 of the 16 February, 1871, 

 to Lord Lisgar, that "the 

 " exclusion of American 

 " fishermen from resort- 

 " ing 1o Canadian ports, 

 " except for the purpose 

 " of shelter, and of re- 

 " pairing damages there- 

 " in, purchasing wood, 

 "and obtaining water, 

 " might be warranted by 

 " the letter of the Treaty 

 "of 1818, and by the 



An interim Arrangement 

 proposed ~by the United 

 States' Government. 



ARTICLE V. 



The Government of Her 

 Britannic Majesty agree 

 to release all United 

 States' fishing vessels 

 now under seizure for 

 failing to report at cus- 

 tom-houses when seeking 

 shelter, repairs, or sup- 

 plies, and to refund all 

 fines exacted for such 

 failure to report. And the 

 High Contracting Parties 

 agree to appoint a Joint 

 Commission to ascertain 

 the amount of damage 

 caused to American fish- 

 ermen during the year 

 1886 by seizure and de- 

 tention in violation of the 

 Treaty of 1818. said Com 

 mission to make awards 

 therefor to the parties 

 injured. 



" terms of the Imperial 

 "Act 59 Geo. Ill, chap. 

 "38, but Her Majesty's 

 " Government feel bound 

 " to state that it sei-ms to 

 " them an extreme meas- 

 " nre inconsistent with 

 "the general policy of 

 " the Empire, and that 

 'they were disposed to 

 " concede this point to 

 4 the United States Gov- 

 " eminent under such re- 

 " strictions as may be 

 " necessary to prevent 

 " smuggling, and to guard 

 ' against any substantial 

 " invasion of the excln- 

 " sive rights of fishing 

 " which may be reserved 

 " to British subjects." 



It is not contended 

 that the right to purchase 

 bait and supplies, or any 

 other privilege of trade, 

 was given by the Treaty 

 of 1818. Neither was any 

 such right or privilege 

 stipulated for or given 



Observations on Mr. Bay- 

 ard's Memorandum. 



By this Article, it is 

 proposed to give retro- 

 spective effect to the un- 

 justified interpretation 

 sought to be placed on the 

 Convention by the last 

 preceding Article. 



It is assumed, without 

 discussion, that all United 

 States' fishing vessels 

 which have been seized 

 since the expiration of 

 the Treaty of Washington 

 have been illegally seized, 

 leaving, as the only ques- 

 tion still open for consid- 

 eration, the amount of the 

 damages for which the 

 Canadian authorities are 

 liable. 



Such a proposal ap- 

 pears to Her Majesty's 

 Government quite inad- 

 missible. 



by the Treaty of 1854, 

 nor by the Treaty of 

 Washington ; and the 

 Halifax Commission de- 

 cided in 1877, that it was 

 not " competent " for that 

 Tribunal " to award com- 

 ' pensation for commer- 

 ' cial intercourse between 

 ' the two countries, nor 

 'for purchasing bait, ice, 

 ' supplies, &c., nor for 

 ' permission to transship 

 'cargoes in British 

 ' waters." And yet this 

 Government is not aware 

 that, during the existence 

 of the Treaty of 1854, or 

 the Treaty of Washing- 

 ton, question was ever 

 made of the right of 

 American fishermen to 

 purchase bait and other 

 supplies in Canadian 

 ports, or that such privi- 

 leges were ever denied 

 them. 



Reply to " Observations ** 

 on Proposal. 



ARTICLE V. 



This Government is not 

 disposed to insist on the 

 precise form of this Arti- 

 cle, but is ready to sub- 

 stitute therefor a submis- 

 sion to arbitration in 

 more general terms. 



02909 S. Doc. 870 ; 61-3, vol 



