1310 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Extracts from the protests that were sent in by Mr. Bayard in 

 1886 are given in these pages, and the allegation is made that as a 

 result of these protests, a circular that had been issued by the Cana- 

 dian Government was amended, by substituting in its place a clause 

 in accordance with the United States contention upon this subject of 

 bays ; that that having been done, Lord Granville expressed his satis- 

 faction at the amendment, and Earl Rosebery said that the 

 documents : 



" Have now been amended so as to bring them into exact accord- 

 ance with treaty stipulations." 



Mr. Warren pointed to that amendment (made under protest from 

 the United States) bringing the circular into accord with the United 

 States views, and to the assertion of Lord Rosebery that it was nec- 

 essary that the amendment should have been made, in order that it 

 should accord with treaty stipulations. 



Now. Sirs, I believe that that whole matter is based upon a com- 

 plete misapprehension of the correspondence, and is arrived at 

 790 only by confusing two sets of correspondence one relating to 

 commercial privileges and the other relating to a seizure ; one 

 raising the question of commercial privileges, and the other raising 

 the question of headlands and that when those letters are separated 

 one from the other, that this statement completely falls to pieces. 



In order to make myself clear, I think I must ask the Tribunal 

 to be good enough to allow me to read this statement in full ; because 

 it is extremely important, and Mr. Warren bases upon it, at least 

 the United States draftsman here bases upon it, the statement that 

 because of the facts as alleged, it is quite impossible for Great 

 Britain to uphold its contention that Great Britain is, in reality, 

 putting forward its contention only as a sort of makeweight, hoping 

 to get something else out of it. 



At p. 193 of the United States Argument I read, a little above the 

 middle of the page : 



" Following the termination of the fisheries articles, Mr. Bayard, 

 the Secretary of State, in a note of May 20. 1886, to the British 

 minister, stated with reference to the Canadian attitude toward 

 American fishing vessels : " 



May I interject, that this letter relates purely to commercial privi- 

 leges : 



"But I trust you will join with me in realizing the urgent and 

 essential importance of restricting all arrests of American fishing 

 vessels for supposed or alleged violations of the convention of 1818 

 within the limitations and conditions laid down by the authorities 

 of Great Britain in 1870, to-wit: That no vessel shall be seized^ unless 

 it is evident and can be clearly proved that the offense of -fishing has 

 been committed and the vessel itself captured within three miles of 

 land. '- 



