1936 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



A very definite claim, a distinct assertion : 



" Provided that such Laws, rules and regulations, relating to the 

 time and manner of prosecuting the Fisheries on the Coasts of this 

 Island, shall not be in any way affected by such suspension." 



When that was called to the attention of the American Government, 

 Mr. Fish, the American Secretary of State, wrote a letter, dated the 

 25th June, 1873, which appears on p. 252 of the British Case Ap- 

 pendix, in which, concerning the Treaty of Washington, he said, as 

 we say of this treaty of 1818 : 



" The Treaty places no limitation of time, within the period dur- 

 ing which the Articles relating to the fisheries are to remain in force, 

 either upon the right of taking fish on the one hand, or of the exemp- 

 tion from duty of fish and fish oil (as mentioned therein). 



" I regret, therefore, that the Act of the Legislature of Newfound- 

 land, which reserves a right to restrict the American right of fishing 

 within certain periods of the year, does not appear to be such consent 

 on the part of the Colony of Newfoundland to the application of the 

 stipulations and provisions of Articles 18 to 25 of the Treaty, as is 

 contemplated by the Act of Congress to which you refer, and in 

 accordance with which the Proclamation of the President is to issue." 



There Mr. Fish stated the proposition which we press upon you 

 here, " The treaty places no limitation of time within the period 

 during which the articles relating to the fisheries are to remain in 

 force," and " the Act which reserves a right to restrict the American 

 right of fishing within certain periods of the year is not such a con- 

 sent as is contemplated by the Act of Congress," and so on. 



That is supplemented by the conversation with Mr. Fish, reported 

 by Sir Edward Thornton, the British Minister in Washington, in 

 which he said on p. 253 of the British Case Appendix : 



"Mr. Fish replied that he could state confidentially his under- 

 standing that the jurisdiction gave the right of laying down reason- 

 able police regulations, and that as a matter of course such regu- 

 lations would be observed by all who fished in the waters in ques- 

 tion;" 



That is the general jurisdiction as I have stated it; as Mr. Marcy 

 stated it; and as Lord Salisbury stated it; 



" but " 



He proceeded to say 



*' the permission to fish granted by the treaty was accompanied by no 

 restriction except so far as to define the localities in which the fishing 

 was to be carried on." 



That is the basis. 



And upon that the Legislature of Newfoundland passed a new 

 enactment omitting the attempted reservation of the right to regu- 

 late in respect of the time and manner of fishing which had been de- 



