1492 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



prescribed by the said Convention of 1818, apply to vessels in which 

 inhabitants of the United States of America resort to the waters 

 of Newfoundland for the purpose of exercising the liberty assured 

 to them by article 1 of the said Convention. 



" II. If any question should arise before any Magistrate, Justice 

 of the Peace, Judge or Court in Newfoundland, in relation to, con- 

 cerning or in anywise in respect of the presence on board any such 

 vessel of any caplin, squid, or other bait fishes, or of ice, lines, seines, 

 or other outfit or supplies for the fishery, the burden of proof that 

 the said bait fishes and supplies and outfits have been purchased 

 within the waters of Newfoundland shall rest upon the person or 

 persons alleging the same/' 



Being a direct reversal of the Act of 1905, and so on it goes to the 

 end 



' III. It shall not be lawful for any person without the consent of 

 His Majesty's Senior Naval Officer on the Newfoundland Station, in 

 any proceedings against inhabitants of the United States exercising 

 or claiming to exercise the liberty to take fish assured to them by the 

 First Article of the Convention of 1818, or against any of their boats 

 or vessels, or against any persons engaged by them to form part of 

 the crew of the vessels used or employed by such inhabitants in the 

 exercise of such right. 



"A. To serve any process of law upon any boat or vessel so used 

 or employed for any act or thing done in the exercise or alleged 

 exercise of the said right, or which may, in the opinion of the said 

 Naval Officer, give rise to any question or dispute in relation to the 

 common fishery established or referred to in the said Convention, or 

 to go on board any such vessel or boat for the purpose of serving 

 such a process. 



" B. To arrest or seize any such vessel or boat or to seize, remove, 

 or disturb any gear, nets, apparel, or other furniture or stores be- 

 longing to such vessel or boat." 



The United States desires to express, and does express, its pro- 

 found gratification at the course which Great Britain pursued in this 

 entire controversy. Realizing the delicacy of its position it is grati- 

 fying to know and feel that, in so far as it lay in its power, the action 

 of Newfoundland was restrained and curtailed, and the most definite 

 effort was made to observe His Majesty's obligation under the treaty. 

 Seven more despatches passed from the 9th September to the 23rd 

 September between Newfoundland and the British Foreign Office. 

 The Newfoundland Government desired, almost imperiously, that the 

 Order-in-Council should not be promulgated; and promulgation was 



suspended from time to time at their urgent request, always, 

 902 however, with the proviso that if the American fleet arrived on 



the coast, the Order must be promulgated immediately. After 

 patience seemed to have ceased to be a virtue, on the 23rd September, 

 Lord Elgin directed the Order to be promulgated, United States Case 

 Appendix, pp. 1020 and 1021. On the 16th September Lord Elgin 

 notifies Governor MacGregor that : 



