PERIOD FROM 1854 TO 1871. 147 



1. That fishing rights in British American waters shall be in 

 future enforced, as they existed and were maintained, under the 

 Treaty of 1818, anterior to the Reciprocity Treaty of 1854, in accord- 

 ance with the Laws of Nations. 



2. That faiUng such positive enforcement of these undoubted 

 rights, the question arising out of the said Treaty, as to the definition 

 of certain limits of exchision, by headland lines, be referred to a 

 mixed commission, to be named by the British and American Govern- 

 ments, and to be composed of one Imperial, one United States, and 

 one Canadian Commissioner, providing some independent reference 

 in case of need; the principle on which such commission shall be 

 chosen and act, to be as provided in the Earl of Clarendon's Despatch 

 of 11th May, 1866. 



3. That such mixed Commission shall be formed during the current 

 year, and shall, in order to facilitate speedy reference, hold its sittings 

 either at Halifax, Washington, or Ottawa; the negotiations and pre- 

 liminary arrangements for the same to be carried out between the 

 Governor General of Canada and the United States Government, 

 through the British Minister at the American Capital. "■ 



On the 27th of the same month. Lord Kimberly, referring to this 

 proposal, informed Sir John Young, Governor General of Canada, 

 that he concurred with the Canadian Government "that it would be 

 desirable that the questions w^hich have been so long in dispute with 

 the United States, as to the geographical limits of the exclusive fish- 

 ing rights of Canada under the treaty of 1818, should be settled by 

 a joint British and American Commission, on which the Dominion 

 should be represented," and that "Her Majesty's Government wdll 

 propose to the United States Government the appointment of such a 

 Commission." ^ Such proposal, however, was never officially commu- 

 nicated to the United States Government, but it appears that while 

 the subject was under consideration between Great Britain and Can- 

 ada, a Foreign Ofiice memorandum was prepared, and that in Oc- 

 tober, 1870, Lord Kimberly wrote to Lord Granville requesting 

 him to transmit a copy of it to Sir Edward Thornton, then British 

 Minister at Washington, with instructions to communicate with the 

 Governor General of Canada "before addressing himself to the Gov- 

 ernment of the United States on the subject to which the memoran- 

 dum relates. " '^ The memorandum referred to is as follows: 



a Appendix, p. 617. b Appendix, p. 620. c Appendix, p. 628. 



