AWARD OF THE FISHERY COMMISSION. 1893 



more than that breadth, the question arises whether it ia a bay of Htr liritatm'.c 

 Majesty's dominions. 



This is a question which has to be considered in each particular cane with regard to 

 international law and usage. When such a bay, &c., in not a bay of HT Majtv'* 

 dominions, the American fishermen will be entitled to fish in it, except within tbrwj 

 miles of the " coast; when it is a bay of Her Majesty's dominion*," they will not !w 

 entitled to fish within three miles of it; that is to say (it ia presumed), within Urt 

 miles of a line drawn from headland to headland. 



The following are, however, the subsequent passages in the memoran- 

 dum which are entirely omitted in the brief: 



It is desirable that the British and American Governments should come to a clear 

 understanding in the case of each bay, creek, or harbor, what are the precise limit* 

 of the exclusive rights of Great Britain, and should define these limits in *uch * way 

 as to be incapable of dispute, ejther by reference to the bearings of certain headland*, 

 or other objects on shore, or by laying the lines down on a map or chart. 



With this object it is proposed that a commission should be appointed to be com- 

 posed of representatives of Great Britain, the United States, and Canada, to hold it* 

 sittings in America, and to report to the British and American Governments their 

 opinion, either as to the exact geographical limits to which the renunciation above 

 quoted applies, or, if this is impracticable, to suggest some line of delineation along 

 the whole coast, which, though not in exact conformity with the words of the conven- 

 tion, may appear to them consistent in substance with the just righto of the two 

 nations, and calculated to remove occasion for future controversy." 



It is not intended that the result of the Commission should necessarily be embodied 

 in a new Convention between the two countries, but if an agreement can !>< arrived at 

 it may be sufficient that it should be in the form of an understanding between the two 

 governments as to the practical interpretation which shall be given to the Convention 

 of 1818. 



It would be difficult for the Commissioners, with the context of the 

 memorandum thus before them, to understand, even if this document 

 had been officially communicated to the United States Government, 

 how by it any doctrine was laid down to vary or alter the Convention 

 of 1818, and it is submitted that nothing was intended by the memo- 

 randum, as in fact nothing was expressed therein, in any manner waiv- 

 ing or abandoning the rights secured to Great Britain by that Conven- 

 tion. 



As to the instructions from Mr. Mitchell, quoted at pp. 31 and 1 

 the brief, it is only necessary to say that, instead of contributing to the 

 establishment of the < status " claimed in the brief, they are of a char- 

 acter to prevent any such misapprehension. They reaffirm the doctrine 

 of the headlands in its fullest sense ; but in view of impending nego- 

 tiations, which resulted in the Washington Treaty, the authorities, both 

 in England and in Canada, were desirousof removing all obstacles by the 

 temporary relaxation of their rights, and thereby promoting a fnendl 

 and amicable settlement. This consideration may explain the laogo 

 of Mr. Rogers in his letter to the admiralty of April 30, 1870, < I( H 

 at p. 30 of the brief. 



It may be here added that the Joint High Commissioners, when 

 Washington Treaty was in course of negotiation, could not and 

 ignore the difference which had from time to time arisen as to t 

 pretation of the first article of the Convention of 1818. In fart, 1 1 

 differences had given birth to the Reciprocity Treaty of 1 

 revived by the termination of that treaty in 18G6, the Join 

 mision was proposed primarily to dispose of that difficulty. 

 order of the subjects to be submitted to that Commission, accordm, 

 the letter from Mr. Fish to Sir E. Thornton, 30th January, 

 question of the fisheries is first mentioned. It was |' deem 

 tance to the good relations which they were ever anxious shot, 

 and be strengthened between the United States and Great 

 a friendly and complete understanding should be come t 



