172 CASE OF THE UNITED STATES. 



preserving the fisheries at their highest point of production, and of 

 conciliating a community of interests by a just proportion of advan- 

 tages and profits.'^ 



A further statement of the position of the United States on the 

 question above considered will be found in a letter written by Mr. 

 Evarts on August 5, 1879, to Mr. Babson, who had been selected 

 by the Department of State to examine and report upon certain 

 features of the fisheries question, in the course of which letter Mr. 

 Evarts says: 



It is quite possible that some of our fishermen may wish to be 

 advised as to the course which the government thinks them justified 

 in taking should the local authorities assume to interfere v/ith them 

 in the peaceable pursuit within the three-miles line of their fishing 

 methods and the use of their seines and fishing-tackle. Tliis inter- 

 ference, if attempted, mil doubtless be based upon the local legisla- 

 tion of the provinces regulating the fisheries on their coast within 

 the three-miles line. In the view of this government, these local 

 regulations are incompetent to curtail or control the participation 

 of our fishermen, as accorded by the Treaty of Washington, in their 

 inshore fisheries. So long as our fishermen use methods and appa- 

 ratus in their judgment adapted to catching the fish in the most 

 efficient and most profitable manner to the industry they are pursuing, 

 to wit, fishing from vessels manned and fitted from our ports, and 

 seeking profit therefrom, and so long as they do not molest the 

 provincial fishermen, pursuing their own methods in their equal right, 

 this government regards our fishermen as within the treaty right and 

 under no necessity of conforming, either in regard to days or seasons, 

 or apparatus, to the prescriptions of the local regulations of the 

 provinces.^ 



After much delay, which was explained on the ground that owing 

 to the great importance of the points involved, it had been neces- 

 sary to consult Newfoundland and to prepare a case upon them for 

 submission to the Law Officers of the Crown, Lord Salisbury finally 

 informed the American Charge at London on March 2, 1880, ''that 

 the report of the Law Officers of the Crown upon the case has now 

 been received, and that therefore the reply of Her Majesty's Govern- 

 ment will be sent with the least possible delay having regard to the 

 question under consideration." '^ The report of the Law Officers of 

 the Crown was not communicated by Lord Salisbury to the United 

 States Government, but the position of the British Government on 

 the questions discussed by Mr. Evarts, was stated by Lord SaHsbury 



o Appendix, p. 672. b Appendix, p. 673. c Appendix, p. 683. 



