2060 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



adoption of a similar arrangement in regard to the fisheries of those 

 provinces, to that now proposed, in regard to the fisheries of Ne\\ 

 Brunswick; I have tin 1 honor to enclose herewith the copy of a letter 

 which I have addressed to their Excellencies for that purpose." 



Then follows the letter of the 28th June, 1855. on pp. 200 ami 'JOT 

 of the British Case Appendix, from Mr. Crampton to all the-e gov- 

 ernors; but that produced no regulations whatever. 



So that down to 1855. in all this stretch of coast of Nova Scotia, 

 Prince Edward Island, Newfoundland. Labrador, and Lower Can- 

 ada, there were no regulations whatever that were worthy to be 

 brought to the attention of the American fishermen, who were about 

 to resume fishing upon all that coast under the provisions of the 

 treaty of 1854. And you come down to a clear case of no regulation 

 which could by any possibility affect the exercise by American fisher- 

 men of their liberty under the treaty 1783, evidence affirmatively 

 establishing that, though it was unnecessary to affirmatively establish 

 it. because there has been no evidence produced whatever that any 

 regulation was brought into contact in any way whatever with any 

 American fisherman exercising his liberty. 



But we are not left entirely to the absence of regulation. Then- i- 

 affirmative evidence, perfectly clear evidence, that the negotiator** 

 did have regulations in mind. What they had in mind was not regii 

 lations which were determined upon by Great Britain, or any of it- 

 colonies, in the exercise of its sole judgment: but they were regula- 

 tions established by the concurrence, the accord of the judgment both 

 of Great Britain and the United States regarding the exercise of Un- 

 common liberty. 



I will ask the attention of the Tribunal again to a letter which I 

 have so often referred to. and shall again, the letter from Lord 

 Bathurst to Mr. Adams of the 30th October. 1815, in the United 

 States Case Appendix, p. 278. I begin at the last paragraph on 

 p. 277. Mr. Adams and Lord Bathurst had been arguing out the 

 question, the Tribunal will remember, as to whether the liberty 

 granted in 1783 survived the War of 1812, and had been stating their 

 reasons; and in this letter Lord Bathurst had stated his ground for 

 insisting that the liberty fell with the war. Then he goes on : 



" Although His Majesty's Government cannot admit that the claim 

 of the American fishermen to fish within British jurisdiction. <m<l to 

 use the British territory for purposes connected with their fishery, i.- 

 analogous to the indulgence which has been granted to enemy's sub- 

 jects engaged in fishing on the high seas, for the purpose of conveying 

 fresh fish to market, yet they do feel that the enjoyment of the* lib- 

 erties, formerly used by the inhabitants of the United States, may be 

 very conducive to their national and individual prosperity, though 

 they should be placed under some modifications; and this feeling 

 operates most forcibly in favour of concession. But Great Britain 

 can only offer the concession in a way which shall effectually protect 



