PERIOD FROM 1871 TO 1888. 175 



tion is based on losses resulting from a collision which was the direct 

 consequence of such excess, and Her Majesty's Government feel bound 

 to point to the fact that the United States fishermen were the first 

 ancl real cause of the mischief, by overstepping the limits of the 

 privileges secured to them in a manner gravely prejudicial to the 

 rights of other fishermen. 



For the reasons above stated, Her Alajesty's Government are of 

 opinion that, under the circumstances of the case as at present within 

 their knowledge, the claim advanced by the United States fishermen 

 for compensation on account or the losses stated to have been sus- 

 tained by them on the occasion in question is one which should not be 

 entertained. 



^Ir. Evarts ^\^ll not require to be assured that Her Majesty's Gov- 

 ernment, while unable to admit the contention of the United States 

 Government on the present occasion, are fully sensible of the evils 

 arising from any difference of opinion between the two governments 

 in regard to the fishery rights of their respective subjects. They have 

 always admitted the incompetence of the colonial or the imperial 

 legislature to hmit by subsequent legislation the advantages secured 

 by treaty to the subjects of another power. If it should be the opin- 

 ion of the Government of the United States that any act of the 

 colonial legislature subsequent in date to the Treaty of Washington 

 has trenched upon the rights enjoyed by the citizens of the United 

 States in virtue of that instrument. Her Majesty's Government will 

 consider any communication addressed to them in that view with a 

 cordial and anxious desire to remove all just grounds of complaint." 



No reply was made by the Secretary of State to Lord Sahsbury's 

 note, but upon its receipt the President sent on May 17, 1880, a 

 special message to Congress transmitting and concurring in a report 

 by Mr. Evarts on the subject, in which he expressed the opinion that 

 the import duties upon fish and fish oil which had been removed 

 under the provisions of the treaty of 1871, should be reimposed by 

 Congress as measures proper to be taken by the United States in 

 maintenance of the rights accorded to American fishermen under that 

 treaty. 



The British Minister reported that the reason assigned for the 

 action thus taken was that in the opinion of the Government of 

 the United States ''Her Majesty's Government had not sufficiently 

 considered the gravity of the case; had paid but Httle attention to 

 it, and had unnecessarily delayed replying to the representations of 

 the United States' Government."'' 



Soon afterwards the British Government took occasion to reopen 

 the negotiations for a settlement of the Fortune Bay claims, and 

 on October 27, 1880, Lord Granville, who had succeeded Lord Sahs- 



o Appendix, p. 684. b Appendix, p. 709. 



