642 CORRESPONDENCE, ETC. 



moreover, obtains in return, the free use of certain rivers on the 

 Pacific side of the Continent. 



I must not omit to notice that, by Article XXXIV., the dispute as 

 to the Island of St. Juan, is to be submitted to arbitration ; and pro- 

 vision has thus happily been made for the amicable termination of a 

 long-standing and difficult controversy at a time when, in conse- 

 quence of the union of British Columbia with the Dominion, this 

 boundary question has become matter of interest to the whole Con- 

 federation of British Provinces. 



I have thus gone through those parts of the Treaty which imme- 

 diately touch the Dominion ; but a question of much moment remains 

 as to the course which should be taken during the present fishing 

 season, pending the enactment by the respective Legislatures of the 

 laws necessary to bring the Fishery Articles into operation. 



I find that on the conclusion of the Reciprocity Treaty, in June, 

 1854, and previous to its ratification, the then American Secretary 

 of State (Mr. Marcy) expressed the hope of his Government that 

 American Fishermen would not be molested if they should at once 

 attempt to use the privileges granted by that Treaty. A despatch 

 was therefore addressed to the Governor of the North American 

 Colonies, recommending that the wish of the United States Govern- 

 ment should be acceded to, and that the American fishermen should 

 be immediately admitted to the Colonial fisheries. The result was that 

 the various Colonial Governments at once admitted the American 

 fishermen to the fisheries, although the Legislative Acts necessary to 

 give effect to the Treaty were not passed till late in the autumn. It- 

 is evidently most desirable that a similar course should be pursued on 

 the present occasion ; and you will perceive from the notes which have 

 passed between Sir E. Thornton and Mr. Fish, copies of which I 

 enclose, that the United States Government have made an application 

 similar to that which they made in 1854; and that Her Majesty's 

 Government have engaged to recommend to the Colonial Governments 

 that it should be acceded to. Her Majesty's Government are of 

 course aware that the Colonial Governments have no power to set 

 aside the fishery statutes by their own authority; but it is entirely 

 within their power to take no active steps to enforce those statutes 

 and to suspend the instructions to the Colonial Cruisers to exclude 

 American citizens from the fisheries, just as it is in the power of Her 

 Majesty's Government to suspend the action of Her Majesty's 

 Cruisers, although the Imperial Fishery Statute is still in force. 



Her Majesty's Government have no desire whatever to attempt to 

 interfere with the entire right of the Colonial Legislatures to refuse 

 to pass the acts necessary to give effect to the Treaty, though they 

 would deeply deplore that a course which they believe would be most 

 impolitic should be taken ; but, on the other hand, they have too much 

 confidence in the wisdom of those free Assemblies, to anticipate any 

 such result; and they are confident that the Canadian Government 

 would be as desirous as Her Majesty's Government that no untoward 

 collision should occur during the present season which might preju- 

 dice the fair consideration of the Treaty, both by the American Con- 

 gress and the Colonial Parliaments; and that, on a full consideration 

 of the circumstances, they will see that the responsibility of incurring 



