BBITISH, COLONIAL AND OTHER COBBESPONDENCE, ETC. 531 



shore, with permission to land upon the said coasts and shores and 

 islands, and also upon the Magdalen Islands, for the purpose of dry- 

 ing their nets or curing their fish: Provided, That in so doing they 

 do not interfere with the rights of private property or with British 1 

 fishermen in the peaceable use of any part of the said coasts in their 

 occupancy for the same purpose. 



" It is understood that the above-mentioned liberty applies solely 

 to the sea -fishery, and that the salmon and shad fisheries, and all 

 other fisheries in rivers and the mouths of rivers, are hereby reserved 

 exclusively for British fishermen. 



"(2) The admission into Canada of 'fish-oil and fish of all kinds 

 (except fish of the inland lakes and of the rivers falling into them, 

 and except fish preserved in oil), being the produce of the fisheries 

 of the United States,' free of duty. 



"(3) The enjoyment of these privileges to continue during a period 

 of twelve years certain. 



"Similar privileges are granted by Article XXXII in regard to 

 the colony of Newfoundland. 



"Articles XIX and XXI confer the following privileges upon 

 British subjects: 



"(1) The liberty to take fish of every kind, except shell-fish, on 

 the eastern sea-coasts and shores of the United States north of the 

 thirty-ninth parallel of north latitude, and on the shores of the 

 several islands thereunto adjacent, and in the bays, harbors, and 

 creeks of the said sea-coast and shores of the United States and of the 

 said islands, without being restricted to any distance from the shore, 

 with permission to land upon the said coasts of the United States, 

 and of the islands aforesaid, for the purpose of drying their nets and 

 curing their fish: Provided, That in so doing they do not interfere 

 with the rights of private property or with the fishermen of the 

 United States in the peaceable use of any part of the said coast in 

 their occupancy for the same purpose. 



" It is understood that the above-mentioned liberty applies solely 

 to the sea-fishery, and that salmon and shad fisheries, and all other 

 fisheries, in rivers and mouths of rivers, are hereby reserved ex- 

 clusively for fishermen of the United States. 



"(2) The admission into the United States of ' fish-oil and fish of 

 all kinds (except fish of inland lakes and of the rivers falling into 

 them, and except fish preserved in oil), being the produce of the 

 fisheries of the Dominion of Canada or of Prince Edward Island,' 

 free of duty. 



" (3) The enjoyment of these privileges to continue during a period 

 of 12 years certain. 



"Article XXXII extends the above-mentioned privileges, so far 

 as they are applicable to the colony of Newfoundland." 



Upon this basis Great Britain asserts that the privileges specified 

 in Article XVIII of the Treaty of Washington of 8th May, 1871, 

 exceed in value the privileges specified in Articles XIX and XXI. 

 This assertion is made upon the following grounds, which, for con- 

 venience of argument, have been divided into two parts. Part I 

 deals exclusively with the case of the Dominion of Canada. Part 

 II deals exclusively with the case of the colony of Newfoundland. 

 92909 S. Doc. 870, 61-3, vol 6 42 



