QUESTION ONE. 33 



to said articles eighteen to twenty-five of said treaty, inclusive, so far 

 as they are applicable to this Colony " enacted that 



all laws of this Colony which operate to prevent the said Articles 

 from taking full effect, shall, so far as they so operate, be suspended 

 and have no effect during the period mentioned in the Article num- 

 bered thirty-three in the schedule to this Act ; provided that such laws, 

 rules and regulations relating to the time and manner of prosecuting 

 the -fisheries on the coasts of this Island shall not be in any way 

 affected by such suspension* 



A copy of this act was enclosed by the British Minister at "Wash- 

 ington in his note of June 19, 1873, to Mr. Fish, the Secretary of State, 

 with the suggestion that the protocol to be signed as a basis for a 

 proclamation extending the application of the treaty to Newfound- 

 land should recite the proviso in the act of Newfoundland, which is 

 printed above in italics? In response to this suggestion, Mr. Fish 

 wrote to the British Minister on June 25, 1873, that 



An examination of the act passed by the legislature of Newfound- 

 land discloses that the suspension by that legislature of the laws which 

 operate to prevent the articles referred to of the treaty from taking 

 full effect, is qualified and is accompanied by a proviso that certain 

 laws, rules and regulations relating to the time and manner of prose- 

 cuting the fisheries on the coasts of Newfoundland are not to be in 

 any way affected by such suspension. 



From your note of 20th instant, I understand that, from a report 

 made by the attorney-general of Newfoundland to the governor, it 

 would appear that the proviso referred to contemplates a restriction, 

 in point of time, of the herring fisheries on the western coast of the 

 island. 



The treaty places no limitation of time, within the period during 

 which the articles relating to the fisheries are to remain in force, 

 either upon the right of taking fish, on the one hand, or of the exemp- 

 tion from duty of fish and fish-oil, (as mentioned therein.) 



I regret, therefore, that the act of the legislature of Newfoundland, 

 which reserves a right to restrict the American right of fishing within 

 certain periods of the year, does not appear to be such consent on the 

 part of the colony of Newfoundland to the application of the stipula- 

 tions and provisions of articles 18 to 25 of the treaty as is contem- 

 plated by the act of Congress to which you refer, and in accordance 

 with which the proclamation of the President is to issue.* 1 



An attempt was made to meet Mr. Fish's objection and the Gov- 

 ernor of Newfoundland sent to the British Minister at Washington, 

 on July 5, 1873, a telegram in which he said : 



British Case Appendix, p. 705. 



6 U. S. Counter-Case Appendix, p. 195. 



c This report has never been shown to the United States. 



* U. S. Counter-Case Appendix, p. 196. 



