PERIOD FROM 1871 TO 1888. 159 



le^es accorded to the citizens of the United States under Article 

 XVIII. of tliis Treaty. « 



The fisheries provisions of tliis treaty came into force on July 1, 

 1873, although they did not become applicable to Newfoundland 

 until May 29, 1874, and by the terms of the treaty they remained 

 in force for a fixed term of ten years from the date on wliich they 

 came into operation, and further until the expiration of two years 

 after notice given by either party to the other of its wish to terminate 

 the same, which notice was given by the United States to Great 

 Britain on July 2, 1883, and in consequence of which the iisheries 

 provisions of the treaty terminated on July 1, 1885.'' It was mutu- 

 ally agreed, however, by the modus vivendi of 1885, entered into 

 prior to the termination of the fisheries articles, that the fishing 

 privileges secured by the treaty of 1871 should be continued through- 

 out the season of 1885; so that actually the fisliing privileges under 

 this treaty continued until the 1st of January, 1886.'' 



By the terms of the treaty the assent of the Parliament of Canada 

 and the Legislature of Prince Edward's Island was required to 

 carry the fisheries provisions into operation, and on June 17, 1871, 

 the Earl of Kimberly WTote to Lord Lisgar, the Governor General 

 of Canada, for the purpose of informing the Canadian Government 

 of the conclusion of the treaty and recommending the adoption of 

 appropriate legislation to give it effect . The following extract from 

 this letter will be of interest as showing the British view of the 

 situation at the time this treat}^ was entered into: 



The Canadian Government itself took the initiative in suggesting 

 that a Joint British and American Commission should be appointed, 

 with a view to settle the disputes which had arisen as to the interpre- 

 tation of the Treaty of 1818, but it was certain that however desir- 

 able it might be, in default of any complete settlement, to appoint- 

 such a Commission, the causes of the difficulty lay deeper than any 

 question of interpretation, and the mere discussion of such points as 

 the correct definition of bays could not lead to a really friendly 

 agreement with the United States. It was necessary, therefore, to 

 endeavor to find an equivalent which the United States might be 

 willing to give in return for the fishery privileges, and which Great 

 Britain, having regard both to Imperial and Colonial interests, could 

 properly accept. Her Majesty's Government are well av/are that 

 the arrangement which would have been most agreeable to Canada 

 was the conclusion of a Treaty similar to the Reciprocity Treaty of 

 1854, and a proposal to this effect was pressed upon the United States 

 Commissioners, as you will find in the 36th Protocol of the Confer- 



o Appendix, p. 30. & Appendix, p. 749. c Appendix, p. 33. 



