776 APPENDIX TO BRITISH CASE. 



III. AN IMPORTANT PRECEDENT FOR THIS TREATY IN THE ARRANGEMENT 

 OFFERED BY MR. SEWARD IN 1866 TO THE BRITISH GOVERNMENT. 



There is a very important precedent for the plan of this treaty, and 

 for some of its leading features, in the protocol proposed in 1866 by 

 Mr. Seward, then Secretary of State, through Mr. Adams, our Minis- 

 ter to Great Britain. The letter of Mr. Seward and the protocol are 

 as follows: 



Mr. Seward to Mr. Adams. 



DEPARTMENT OF STATE, 

 No. 1737.] Washington, April 10, 1866. 



SIB : I send you a copy of a very suggestive letter from Mr. Richard D. Cutts, 

 who, perhaps you are aware, was employed as surveyor for marking, on the 

 part of the United States, the fishery limits under the reciprocity treaty. Mr. 

 Cutts's long familiarity with that subject practically and theoretically entitles 

 his suggestions to respect. 



It is desirable to avoid any collision or misunderstanding with Great Britain 

 on the subject growing out of the termination of the reciprocity treaty. With 

 this view I inclose a draught of a protocol, which you may propose to Lord 

 Clarendon for a temporary regulation of the matter. If he should agree to it, 

 it may be signed. When signed it is desirable that the instructions referred 

 to in the concluding paragraph should at once be dispatched by the British 

 Government. 



As the fishing season is at hand, the collisions which might be apprehended 

 may occur when that season advances. 



I am, sir, your obedient servant, WILLIAM H. SEWARD. 



Draught Protocol communicated by Mr. Adams to the Earl of Clarendon in 1866. 



Whereas in the first 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 forever any liberty heretofore enjoyed 

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

 3 marine miles of any of the coasts, bays, creeks, or harbors 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 misun- 

 derstanding, 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 first article of the convention of 1818. The said lines to be regularly num- 

 bered, 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 necessary and 

 proper to secure to the fishermen of the United States the privilege of entering 

 bays and harbors for the purpose of shelter ; and of repairing damages therein ; 

 of purchasing wood, and of obtaining water; and to agree upon and establish 

 such restrictions as may be necessary to prevent the obuse 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 sjjeedy 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 which 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 



