1818 NORTH ATLANTIC! COAST FISHERIES AHB1TBATIOS. 



796 Mr. Warren referred to the fact that in the orders issued 



by the Admiralty in 1886 there was no reservation of the right 

 of Great Britain ; by which he meant that they were not affected by 

 the declaration which accompanied the announcement of the orders 

 of 1870 a declaration that those orders were not to be taken as an 

 arrangement, or indicative of any change of opinion on the part of 

 the British Government. 



Mr. Bayard, however, had no suspicion at that time that anything 

 was to be inferred from the form of the orders other than what the 

 orders themselves indicated. In 1870, as I have said, during the 

 period of great tension, during the period when these raids, Fenian 

 raids, as we call them, were being made upon Canadian territory, we 

 were required to reduce the limit of the exclusion to 3 miles. That 

 limit continued in 1886, and there was no necessity for making any 

 reservation, or sending any declaration to the United States. 



In 1870, reservation was very specifically made, because we notified 

 the United States of the change. That was received by Mr. Fish 

 as done " in a generous spirit of amity." It was not necessary to make 

 any communication in 1886; that had been done once and for all. 

 I only refer to the fact, now, for the purpose of introducing this, that 

 in November of the same year of which I have been speaking, 1886, 

 Mr. Bayard showed very clearly that he had not the slightest idea 

 that Great Britain had in any way receded from her original con- 

 tention, for in that year (British Case Appendix, p. 357), on the 

 loth November, he proposed a settlement of outstanding differences 

 between the two countries ; and I ask leave to read two sentences on 

 p. 358, British Case Appendix, at the end of the second paragraph : 



" I now enclose the draft of a memorandum which you may pro- 

 pose to Lord Iddesleigh, and which, I trust, will be found to contain 

 a satisfactory basis for the solution of existing difficulties and assist 

 in securing an assured, just, honorable, and, therefore, mutually satis- 

 factory settlement of the long vexed question of the North Atlantic 

 fisheries." 



Further down, in the middle of the page, commencing at the 

 paragraph : 



" In proposing the adoption of a width of ten miles at the mouth 

 as a proper definition of the bays in which, except on certain speci- 

 fied coasts, the fishermen of the United States are not to take fish, I 

 have followed the example furnished by France and Great Britain 

 in their Convention signed at Paris on the 2nd of August, 1839. This 

 definition was referred to and approved by Mr. Bates, the Umpire 

 of the Commission under the Treaty of 1853, in the case of the United 

 States' fishing schooner ' Washington,' and has since been notably 

 approved and adopted in the Convention signed at the Hague in 

 1882, and subsequently ratified in relation to fishing in the North 

 Sea, between Germany, Belgium, Denmark, France, Great Britain, 

 and the Netherlands." 



