58' COUNTER-CASE OF GREAT BRITAIN. 



tion of 1818 between Great Britain and the United States, in relation 

 to fishery rights on the coast of Newfoundland, and of the laws in 

 force in this country for the enforcement of the articles of the con- 

 vention and that the purchase of bait or ice, or other transaction in 

 connection with fishery operations, within 3 miles of the coasts of this 

 colony, will be in further violation of the terms of said convention 

 and laws." 



These warning notices related, first, to fishery rights, and, secondly, 

 to purchases in connection with fishery operations ; and so far as 

 67 they referred to fishery rights, they were clearly improper in 

 so far as they applied to treaty coasts. It is obvious, there- 

 fore, that from the withdrawal of these warning notices no argument 

 can be adduced in favour of the American contention as to the ex- 

 istence of trading rights on the treaty coasts. It cannot be con- 

 strued as involving any admission as to the right to trade on the 

 treaty coasts. 



In this connection the United States Cace (p. 193) further quotes 

 from the correspondence a paragraph taken from a letter written by 

 Lord Iddesleigh to Mr. Phelps, on the 30th November, 1886, as 

 follows (United States Case, p. 193) : 



"The privileges manifestly secured to United States fishermen b;y 

 the convention of 1818 in Newfoundland, Labrador, and the Magda- 

 len Islands are not contested by Her Majesty's Government, who. 

 whilst determined to uphold the rights of Her Majesty's North 

 American subjects, as defined in the convention, are no less anxious 

 and resolved to maintain in their full integrity the facilities for 

 prosecuting the fishing industry on certain limited portions of the 

 coast which are expressly granted to citizens of the United States. 

 The communications on the subject of these two schooners, which I 

 have requested Her Majesty's Minister at Washington to address to 

 Mr. Bayard, cannot, I think, have failed to afford to your Govern- 

 ment satisfactory assurrances in this respect." 



The United States Case (p. 193) then proceeds to say that the 

 communications referred to by Lord Iddesleigh will be found in the 

 extract from Sir Lionel Sackville- West's note of the 17th September, 

 1886, above quoted. This, however, is the less important of the 

 communications referred to by Lord Iddesleigh. The other was that 

 which is referred to in his letter to the British Ambassador at Wash- 

 ington of the 26th November, 1886. In the despatch of that date 

 Lord Iddesleigh forwarded to the British Ambassador at Washing- 

 ton, for communication to the United States Secretary of State, cer- 

 tain documents relating to the "Mascotte," which will be found in 

 the United States appendix at pp. 879-881. These included a copy 

 of a Canadian Order in Council of the 30th October, 1886, of which 

 the following is an extract (United States Case, App., p. 880) : 



" The Minister of Marine and Fisheries, to whom the correspond- 

 ence was referred, observes that Mr. Bayard, in his note to the 

 British Minister at Washington, says: 



