EEPORT OF THE AGENT OF THE UNITED STATES. 13 



existence of this treaty when the United States and Great Britain 

 have not had under consideration some question arising out of their 

 diflFerent views as to the meaning of its provisions, and these questions 

 have involved not only the extent of the rights and obligations of 

 American fishermen in the Canadian and Newfoundland waters 

 affected by the treaty, but also the extent of the treaty waters them- 

 selves. 



In all of these discussions the interpretation insisted upon by the 

 colonial authorities has been such as to exclude the American fisher- 

 men from the enjoyment of the treaty liberties claimed for them by 

 the United States, or to so limit and restrict such liberties as to render 

 them worthless; and the admitted purpose of the colonial authorities 

 throughout the controversy has been to compel the United States to 

 grant trade concessions as the price of the uninterrupted enjoyment 

 of privileges claimed by the United States as a matter of right under 

 the treaty. 



The reciprocal agreements entered into by the two Governments in 

 1854 and 1871, in which the fishery privileges of the treaty of 1818 

 were merged and more extensive fishery privileges were secured in 

 exchange for trade concessions, proved unsatisfactory to the United 

 States and were short lived. 



The experience afforded by these treaties and by other unsuccess- 

 ful attempts to dispose of this controversy by similar means, long 

 since demonstrated to the satisfaction of both Governments that a 

 permanent settlement of this dispute by such means was a practical 

 impossibility. 



The proposed Blaine-Bond treaty of 1892, adjusting the differences 

 between the United States and Newfoundland, failed of ratification 

 on account of opposition on the part of Canada, and the Hay-Bond 

 treaty, negotiated in 1902, by which an adjustment with Newfound- 

 land was again attempted, also failed of ratification. 



During the period between the Blaine-Bond treaty and the rejec- 

 tion of the Hay-Bond treaty Newfoundland refrained from any 

 attempts to enforce any objectionable local regulations against 

 American fishermen exercising their treaty rights in Newfoundland 

 waters. The friendly attitude of the Newfoundland Government 

 during that period was publicly admitted by governmental authori- 

 ties to be due to the fact that the United States having demon- 

 strated its willingness to adjust the matters in dispute with New- 

 foundland by entering into the Blaine-Bond treaty, the American 

 fishermen were entitled to the treatment which they would have 

 received under that treaty if its ratification had not been defeated 

 by the opposition of Canada. 



In 1905, however, upon the failure of the United States to ratify 

 the Hay-Bond treaty, the Newfoundland Government completely 

 92909°— S. Doc. 870, 61-3, vol 1 2 



