QUESTION ONE. 29 



ing the proposal, they are pleased not onty to recognise in it an indi- 

 cation that the desire of Her Majesty's Government to arrive at a 

 friendly and speedy settlement of this question is fully reciprocated 

 by the Government of the United States, but also to discern in it the 

 basis of a practical settlement of the difficulty, and I have the honour 

 to request that you will inform Mr. Evarts that Her Majesty's Gov- 

 ernment, with a view to avoiding further discussion and future mis- 

 understandings, are quite willing to confer with the Government of 

 the United States respecting the establishment of regulations under 

 which the subjects of both parties to the treaty of Washington shall 

 have the full and equal enjoyment of any fishery which, under that 

 treaty, is to be used in common. The duty of enacting and enforcing 

 such regulations, when agreed upon, would of course rest with the 

 power having the sovereignty of the shore and waters in each case." 



The matter was revived by the British Minister at Washington in 

 a letter (3rd May, 1882), to Mr. Frelinghuysen (United States Sec- 

 retary of State) as follows (United States Case, p. 179) : 



"With reference to correspondence which has passed between Her 

 Majesty's Legation and the State Department respecting the New- 

 foundland Fisheries question, it is sought to determine what Regula- 

 tions it would be expedient to enforce for the protection of the fish- 

 eries, and to this end attention is called to the following Acts, viz., 

 Cap: 102 Consolidated Statutes Newfoundland, 



"38 Viet: Cap: 7 

 "39 " " 6 

 "40 " " 13 



"42 2 



" which Documents were appended to the message from President 

 Hayes to the House of Representatives. The United States Govern- 

 ment is invited to examine these Statutes, and to state whether they 

 find in them anything open to objection or have any suggestions to 

 make with regard to them. 



"Any Communication which the United States Government may 

 make upon this subject will receive careful consideration on the part 

 of Her Majesty, and when an agreement has been arrived at as to the 

 regulations which should govern the fisheries, the Legislature of 

 Newfoundland will be invited to make the necessary changes in the 

 law if any such should be found to be necessary." 



In answer to this letter, the United States presented a memorandum 

 (9th May, 1882) which was confined to a criticism of the colonial 



statutes. 



36 In reply, Lord Granville wrote to Mr. West as follows 



(United States Case, p. 183) : 



" I have to acknowledge the receipt of your despatch of the 9th 

 May last, transmitting a Memo, drawn up by the State Dept. of the 

 U. S. Government upon certain Acts of the Legislature of Newfound- 

 land for the regulation of the fisheries on the waters of that Colony. 



" This Memo was communicated to you by Mr. Frelinghuysen in 

 answer to the request of Her Majesty's Government to be favoured 

 with any suggestions which the United States Government might be 



