RELATING TO THE TREATY OF 1871. 197 



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 Newfound- 

 land, 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 

 stipulations and provisions of Articles 18 to 25 of the Treaty, as is 

 contemplated by the Act of Congress to which you refer, and in 

 accordance with which the Proclamation of the President is to issue. 



I have the honour to be, with the highest consideration, Sir, yqur 

 obedient servant 



HAMILTON FISH. 



The Eight Honourable Sir EDWARD THORNTON, K. C. B., 



&c. &c. &c. 



Sir Edward Thornton to Mr. Davis. 



WASHINGTON, 30th July 1873. 



SIR: With reference to my Note of the 19th ultimo, and to Mr. 

 Fish's note of the 25th ultimo relative to the carrying into effect with 

 regard to Newfoundland of certain articles of the Treaty of 8 May 

 1871, I venture to offer to you some further observations upon the 

 subject, which I should feel much obliged if you would communicate 

 to Mr. Fish, in the hope that he may take into his friendly considera- 

 tion some arrangement for the complete carrying into effect of the 

 Articles of the Treaty with respect to that Colony. 



In the first place I should observe that the " laws, rules and regu- 

 lations " referred to in the Proviso of the 1st Section of the New- 

 foundland Act transmitted in my note above mentioned, were in- 

 tended to benefit American as well as English fishermen, and were 

 necessary for the preservation of herring and salmon. These laws 

 are already in existence, and the proviso does not refer to any further 

 restrictions; I have now the honor to inclose copies of the laws 

 themselves. It does not appear therefore that these laws need form 

 an obstacle to the admission of Newfoundland to the participation 

 of benefits arising from the action of a Treaty stipulation, the opera- 

 tion of which is still prospective as far as Newfoundland is concerned, 

 whilst on the other hand citizens of the United States have since the 

 season of 1871 enjoyed the right of fishing in the waters of that 

 Colony, a not inconsiderable right stipulated for by the Treaty. 



In connexion with the same subject I venture to inclose a report 

 addressed by the Crown Law Officer of Newfoundland to the Gov- 

 ernor, from which I trust that the Government of the United States 

 will be satisfied that there was no other intention on the part of the 

 Legislature of the Colony than to accept unreservedly the provisions 

 of the Treaty, only leaving in force such regulations as were to be 

 observed by both English and American fishermen, and were to the 

 advantage of both parties. 



I have the honor to be with the highest consideration Sir Your 

 obedient servant 



EinvD THORNTON 



The Honorable J. C. BANCROFT DAVIS, 



etc. etc. etc. 



