PERIOD FROM 1871 TO 1888. 167 



criticise their consequences where tlie interests of tlie United States 

 are not concerned.'* 



After setting forth the undisputed facts in the case, which have 

 already been stated above, Mr. Evarts continues as follows: 



The provisions of the treaty of Washington (1871), by which the 

 right to prosecute this fishery was secured to the citizens of the United 

 States, are very simple and very explicit. 



The language of the treaty is as follows: 



"XVIII. It is agreed by the high contracting parties that in addi- 

 tion to the liberties secured to the United States fishermen by the 

 convention between the United States and Great Britain, signed at 

 London on the 20tli day of October, 1818, of taking, curing, and 

 drying fish on certain coasts of the British North American colonies, 

 therein defined, the inliabitants of the United States shall have, in 

 common with the subjects of Her Britannic Majesty, the liberty for 

 the term of years mentioned in Article XXXIII of this treaty to 

 take fish of every kind, except shell-fish, on the sea coast and shores 

 and in the bays, harbors, and creeks of the provinces of Quebec, &c. 



"XXXII. It is further agreed that the provisions and stipula- 

 tions of Articles XVIII to XXV of this treaty, inclusive, shall extend 

 to the colony of Newfoundland, so far as they are applicable." 



Title XXVII, chapter 102, of the consolidated acts of Newfound- 

 land, provides: 



"Section 1. That no person shall take herring on the coast of 

 Newfoundland by a seine or other such contrivance, at any time be- 

 tween the 20th day of October and the 12th day of April, in any year, 

 or at any time use a seine except by way of shooting and forthwith 

 hauling the same. 



"Sec. 2. That no person shall, at any time, between the 20th day 

 of December and the 1st day of April, in any year, catch or take 

 herring with seines of less than 2| inches mesh, &c. 



"Sec. 4. No person shall, between the 20th day of April and the 

 20th day of October, in any year, haul, catch, or take herring or other 

 bait for exportation within one mile, measured by the shore across 

 the water, of any settlement situated between Cape Chapeau Rouge 

 and Point Emajer, near Cape Ray." 



The act of 1876 provides that " No person shall, between the hours 

 of twelve o'clock on Saturday night and twelve o'clock on Sunday 

 night, haul or take any herring, capelin, or squid, with net, seine, 

 bunts, or any such contrivance for the purpose of such hauling or 

 taking." 



It seemed scarcely necessary to do more than place the provisions of 

 the treaty and the provisions of these laws in contrast, and apply the 

 principle so precisely and justly announced by Lord Salisbury as self- 

 evident, "that British sovereignty, as regards those waters, is limited 

 in its scope by the engagements of the Treaty of Washington, which 

 can not be modified or affected by &nj municipal legislation." For it 

 will not be denied that the treaty privilege of "taking fish of every 

 kind, except shell-fish, on the sea coast and shores, and in the bays, 

 harbors, and creeks" of Newfoundland, is both seriously "modified" 

 and injm-iously affected by municipal legislation, which closes such 



a Appendix, p. 662. 

 92909— S. Doc. 870, 61-3, vol 1 19 



