136 CASE OF THE UNITED STATES. 



temporary regulation of the matter in the manner provided in the 

 following draft of a protocol, which he enclosed : 



Whereas in the 1st article of the convention between the United 

 States and Great Britain, concluded and signed in London on the 

 20th of October, 1818, it was declared that " the United States hereby 

 renounce forever any liberty heretofore enjo3'ed or claimed by the 

 inhabitants thereof to take, dry, or cure fish on or within three marine 

 miles of any of the coasts, bays, creeks, or harbors of his Britannic 

 Majesty's dominions in America not included within certain limits 

 heretofore mentioned;" and whereas diflerences have arisen in re- 

 gard to the extent of the above mentioned renunciation, the govern- 

 ment of the United States and her Majesty the Queen of Great 

 Britain, being equally desirous of avoiding further misunderstand- 

 ing, have agreed to appoint, and do hereby authorize the appoint- 

 ment of a mixed commission for the following purposes, namely: 



1. To agree upon and define by a series of lines the limits wdiich 

 shall separate the exclusive from the common right of fishing on 

 the coasts and in the seas adjacent of the British North American 

 colonies, in conformity with the 1st article of the convention of 1818; 

 the said lines to be regularly numbered, duly described, and also 

 clearly marked on charts prepared in duplicate for the purpose. 



2. To agree .upon and establish such regulations as may be neces- 

 sary and proper to secure to the fishermen of the United States the 

 privilege of entering bays and harbors for the purpose of shelter and 

 of repairing damages therein, of purchasing wood, and of obtaining 

 water, and to agree upon and establish such restrictions as may be 

 necessary to prevent the abuse of the privilege reserved by said con- 

 vention to the fishermen of the United States. 



3. To agree upon and recommend the penalties to be adjudged, and 

 such proceedings and jurisdiction as may be necessary to secure a 

 speedy trial and judgment with as little expense as possible, for the 

 violators of rights and the transgressors of the limits and restrictions 

 which may be hereby adopted: 



Provided, however, that the limits, restrictions and regulations 

 which may be agreed upon by the said commission shall not be final, 

 nor have any effect, until so jointly confirmed and declared by the 

 United States and her Majesty the Queen of Great Britain, either 

 by treaty or by laws, mutually acknowledged and accepted b}^ the 

 President of the United States, by and with the consent of the Senate 

 and by her Majesty the Queen of Great Britain. 



Pending a definitive arrangement on the subject, the United States 

 government engages to give all proper orders to officers in its employ- 

 ment, and her Britannic Majesty's government engages to instruct 

 the proper colonial or other British officers to abstain from hostile 

 acts against British and United States fishermen respectively." 



Pursuant to Mr. Seward's instructions, Mr. Adams promptl}' sub- 

 mitted the draft of the proposed protocol to Lord Clarendon, and on 

 May 11, 1866, Lord Clarendon wrote to Sir Frederick Bruce, author- 



" Appendix, p. 570. 



