BKITISH, COLONIAL AND OTHER CORRESPONDENCE, ETC. 297 



the U. S., it had nothing whatever to do with securing the free admis- 

 sion of our fish into the ports of the United States; it had to do 

 simply with the exclusion of the American fishermen from fishing 

 within the waters which are recognised as being within British North 

 American sovereignty. It was for that purpose, and for that purpose 

 alone, that these conditions were inserted in that treaty, and it is in 

 pursuance or in maintenance of this right that the exercise of these 

 powers of exclusion can alone be justified. If I were to ask hon. 

 gentlemen on the other side of the House whether it is possible to 

 defend those restrictions as a matter of right for the purpose of pro- 

 tecting the fisheries, I apprehend that no hon. gentleman on that 

 side would seriously argue that we could so defend them. They were 

 imposed for another and a different purpose. If I were to ask, can 

 the right of exclusion which it is attempted to apply to protect these 

 fisheries be applied in any case where the fisheries are within our 

 sovereign control and where the treaty does not extend, we would 

 have a fair test to show whether there was a use or abuse of the treaty 

 in the making of these regulations. No one, I apprehend, will argue 

 that, in those waters of Canada where fish may be found, if American 

 fishermen who were fishing in their own waters and were to come 

 within our waters for any purposes, we would have the right to ex- 

 clude them ; and, if we would not have a right to exclude them in such 

 a case, we would not have the right to do so under the Treaty of 1818, 

 because that treaty was not intended to do anything more than to 

 assert our sovereignty over certain waters, and that we had such 

 rights as were necessary, in accordance with the usages of nations, for 

 the protection of our fisheries in those waters. 



Extracts from British Blue Book, France No. 1 (1890). 

 The Earl of Derby to Governor Sir J. H. Glover. 



DOWNING STREET, June 12, 1S84. 



SIR: In my Despatch, of the 18th December last, I informed the 

 Officer Administering the Government of Newfoundland of the ap- 

 pointment of Mr. Clare Ford, C. B., C. M. G., and Mr. E. B. Pennell 

 as British Commissioners on the Commission to meet in Paris in 

 connexion with the Newfoundland fisheries question. 



These gentlemen, representing Her Majesty's Government, and M, 

 Jagerschmidt and Captain Bigrel, acting on behalf of the Govern- 

 ment of the French Republic, met in Paris on the 23rd January last, 

 and the labours of the Commission were concluded at a meeting held 

 on the 26th April, when an Arrangement was signed by the Com- 

 missioners. 



I have now the honour to transmit to you a copy of that Arrange- 

 ment,^] together with two inclosures accompanying it, which consist 

 of a statement and map [ 6 ] referred to in Article 2. 



[ For note respecting this Arrangement, see foot-note on page 69, U. S. Case 

 Appendix.! 



[ 6 Reference is made to the map printed in British Blue Book, France No. 1 

 (1890), facing p. 28.] 



