1196 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



It was after this that the Earl of Rosebery, then Secretary of State 

 for Foreign Affairs of Great Britain, advised the British Minister in 

 the United States under date the 23rd July, 1886, that : 



" With regard to Mr. Bayard's observations in the same note re- 

 specting a customs circular and a warning issued by the Canadian 

 authorities, and dated respectively the 7th May and the 5th March 

 last, I have to acquaint you that these documents have now been 

 amended so as to bring them into exact accordance with treaty stipu- 

 lations; and I inclose, for communication to the United States Gov- 

 ernment, printed copies of these documents as amended." 



The printed document enclosed was the amended circular No. 371. 



These circulars, both in the original form and in the amended form, 

 appear in the British Appendix, on pp. 296 and 298. 



I have now shown, if the Tribunal please, that the orders issued in 

 1886 were similar to the orders in 1871; and I have shown that this 

 Customs Circular No. 371 was amended in such a manner as to pre- 

 vent seizures unless within 3 miles of land or within those small 

 bodies of water lying landward of the 3-mile line ; that that was done 

 by the Government of Great Britain upon the request, upon the 

 insistence indeed, of the Government of the United States; and 

 that the Earl of Rosebery informed the Government of the United 

 States that the amendments were in accordance with treaty stipula- 

 tions. 



721 I now refer to p. 103 of the Case of Great Britain submitted 

 before this Tribunal, and read the following statement : 



" Since 1888 the question has not been further discussed." 



So, if the Tribunal please, I have discussed these orders up to the 

 year 1886 and have shown that the nature of the orders was the same 

 as in 1870, and that these orders were only to exclude vessels within 

 3 miles of land or when found within bodies of water lying land- 

 ward of the 3-mile line. I have further shown that Custom Circular 

 No. 371 was so amended as to prevent seizures except in compliance 

 with those orders; and that Lord Rosebery wrote a note for trans- 

 mission to the Government of the United States in which he stated 

 that he was glad to advise that this Customs Circular had now been 

 amended in accordance with treaty stipulations. 



I now pass briefly to a consideration of the treaty of 1888, and do 

 not intend to go into great detail regarding this treaty. 



Sir Robert Finlay, when opening for Great Britain in this sub- 

 mission, read from the minority report of the Senate of the United 

 States, when this treaty was brought before the Senate of the United 

 States for approval. This treaty, known as the Chamberlain-Bayard 

 Treaty, was rejected by the Senate of the United States; and I desire 

 to read from the majority report of the Committee on Foreign Rela- 



