530 MISCELLANEOUS 



the treaty in advance of the formal legislative acts necessary for 

 that purpose. An official communication to that effect was made 

 early in 1873, and by a circular from the United States Treas- 

 ury Department, dated 1st April, 1873, American fishermen at once 

 availed themselves of the freedom of Canadian inshore waters. This 

 was fitly acknowledged by the United States Government as " a 

 liberal and friendly act on the part of the Dominion Government. 

 A similar concession had been previously made by the government 

 of Prince Edward Island, who admitted American fishermen to the 

 practical freedom of their waters on the 24th of July, 1871. 



The Treaty of Washington having been ratified, it became neces- 

 sary to take steps for the constitution of the Commission appointed 

 to meet at Halifax, in the manner prescribed by the treaty, and in the 

 mean while, Her Majesty's Government having appointed their Agent 

 to the Commission, he proceeded to Washington, and some negotia- 

 tions were entered into with a view to substitute an arrangement with 

 respect to reciprocal free trade between Canada and the United States, 

 for the award of the Commissioners, as provided under Article XXII 

 of the treaty; it being always distinctly understood that, in case of 

 the failure of such negotiations, the rights of Her Majesty's Govern- 

 ment with respect to the appointment of the Commission should in 

 no way be prejudiced. These negotiations having led to no result, 

 it became necessary to revert to the terms of the treaty, and to take 

 steps for the constitution of the Commission in the manner prescribed 

 by it. ^ 



Having thus stated the circumstances which led to the conclusion 

 of the Fishery Articles of the Treaty of Washington, having recited 

 those articles and enumerated the legislative enactments which have 

 been passed for the purpose of rendering them effective, it is sub- 

 mitted that, in order to estimate the advantages thereby derived re- 

 spectively by the subjects of the United States and of Great Britain, 

 the following basis is the only one which it is possible to adopt under 

 the terms of the first portion of Article XVIII of the Treaty of 

 Washington, of 1871, viz : That the value of the privileges granted 

 to each country respectively by Articles XVIII, XIX, and XXI of 

 that treaty, which were not enjoyed under the 1st Article of the Con- 

 vention of the 20th October, 1818, is that which this Commission is 

 constituted to determine. 



Article I of the Convention of the 20th October, 1818, provides 

 that 



[Here follows the Article.] 



Such was the respective position ot each country under the Con- 

 vention of 1818 on matters connected with the fisheries; and it now 

 remains to state precisely what additional liberties are acquired by 

 each under the Treaty of Washington. 



Article XVIII and XXI of the Treaty of Washington superadd 

 to the privileges conferred upon United States citizens by the Conven- 

 tion of 1818 



" (1.) The liberty to take fish of every kind, except shellfish on 

 the sea-coasts and snores, and in the bays, harbors, and creeks, of the 

 provinces of Quebec, Nova Scotia, and New Brunswick, and the 

 colony of Prince Edward Island, and of the several islands there- 

 unto adjacent, without being restricted to any distance from the 



