2084 NOKTH ATLANTIC COAST FISHERIES AKB1TKATJON. 



manner and by such means as they saw fit, until 1852, when there 

 was a letter from Lord Malmesbury to Mr. Crampton dated the 10th 

 August, 1852, and which appears in the United States Case Appendix 

 at p. 519. Lord Malmesbury, the Secretary of State for Foreign 

 Affairs of Great Britain, writes to Mr. Crampton, the British Min- 

 ister in Washington, in regard to the circular or proclamation, or 

 public notice which the Tribunal will remember came from Mr. 

 Webster at the time that the controversy about bays was at its height. 

 Lord Malmesbury states for Mr. Crampton's benefit the views of the 

 British Government regarding the rights laid down in the treaty of 

 1818. Beginning at the middle of p. 519, I read : 



" The rights are laid down in the treaty of 1818, as quoted by Mr. 

 Webfcter; that is, undoubted and unlimited privileges of fishing in 



certain places were thereby given by Great Britain to the 

 1261 inhabitants of the United States: and the government of the 



United States, on their part, renounced forever any liberty 

 previously enjoyed or claimed by its citizens to fish within three 

 marine miles of any other of the coasts, ba} r s, creeks, or harbors of the 

 British dominions." 



The Tribunal will perceive that it is quite plain that the Foreign 

 Office of Great Britain at that time took the same view regarding 

 the American right that I am taking here. He says : 



" That is, undoubted and unlimited privileges of fishing . . . were 

 given." 



That is in contrast to what he goes on to say about the bays, and 

 seems to leave no doubt as to what the view of Great Britain then 

 was. 



The following year, on the 28th September. 1853. the Governor of 

 Newfoundland wrote to Lord Newcastle a letter, which appears in 

 the United States Counter-Case Appendix, at p. 247. This letter is 

 discussing the history of the fishery with reference both to French 

 and American rights, and it appears that the making of a treaty 

 which ultimately resulted in the Convention of 1854 was mooted ; 

 and he says to the Colonial Office: 



" In any new convention that may be made." 



That is, with France 



" it should be a sine qua non, if the Sale of Bait is made a stipulation. 

 that the right of purchase must be subject to such regulations as may 

 be made by the Local Legislature for the protection of the breeding 

 and the preservation of the bait: regulations that are now impera 

 tively demanded, and without which the Bait in our Southern Bay 

 will in time be exterminated. As regards the effect upon this part of 

 the question of embracing Newfoundland in any Treaty ot Reci- 

 procity between the North American Colonies and the Tinted State-. 

 by which the Americans may be admitted to a participation in our 

 fisheries, it should, as I have no doubt it will, be provided that the 

 citizens of the United States shall, equally with British subjects, be 



