158 CASE OF THE UNITED STATES. 



Anticipating that an attempt may possibly be made by the Ca- 

 nadian authorities in the coming season to repeat their unneighborly 

 acts toward our fishermen, I recommend you to confer upon the Execu- 

 tive the power to suspend by proclamation the operation of the laws 

 authorizmg the transit of goods, wares, and merchandise in bond 

 across the territory of the United States to Canada, and, further, 

 should such an extreme measure become necessary, to suspend the 

 operations of any laws whereby the vessels of the Dominion of Canada 

 are permitted to enter the waters of the United States. 



No question involving the fishery rights of American fishermen on 

 the Newfoundland coasts arose during this period. 



PERIOD FROM 1871 TO 1888. 



Treaty of May 8, 1871. 



The fisheries provisions of the treaty of May 8, 1871, between the 

 United States and Great Britain," although differing slightly from 

 the fisheries provisions of the treaty of 1854, are in effect a repetition 

 of those provisions, in so far as they apply to the fisheries under 

 consideration in this Case, In the later treaty, however, the pro- 

 visions of the earUer treaty for reciprocal trade concessions were 

 omitted with the exception of a provision for free entry into each 

 country of fish oil and fish of all kinds being the produce of the 

 fisheries of the other country, and it was provided in Article XXII 

 of the treaty that — 



Inasmuch as it is asserted by the Government of Her Britannic 

 Majesty that the privileges accorded to the citizens of the United 

 States under Article XVIII. of tliis Treaty are of greater value 

 than those accorded by Articles XIX. and XXL of this Treaty to 

 to the subjects of Her Britannic Majesty, and tliis assertion is not 

 admitted by the Government of the United States, it is further 

 agreed that Commissioners shall be appointed to determine, having 

 regard to the privileges accorded by the United States to the sub- 

 jects of Her Britannic Majesty, as stated in Articles XIX and XXI. 

 of tills Treaty, the amount of any compensation which, in their 

 opinion, ought to be paid by the Government of the United States 

 to the Government of Her Britannic Majesty in return for the privi- 



aAppendix, p. 28. 



