PERIOD FROM 1871 TO 1905. 683 



in relation to the delay of Her Majesty's Government in replying to 

 the claim put forward by the United States Government in connec- 

 tion with the occurrences at Fortune Bay in January, 1878, and I 

 have to state to you with reference thereto, 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 Government will be sent with the 

 least possible delay, having regard to the question under considera- 

 tion. 



I have, &c., SALISBURY. 



The Marquis of Salisbury to Mr. Hoppin. 



FOREIGN OFFICE, April 3, 1880. 



SIR: In the note which I had the honor to address to you on the 

 12th of February I explained the reason why a certain time has un- 

 avoidably elapsed, before Her Majesty's Government were in a posi- 

 tion to reply to Mr. Welsh's notes of the 13th of August last, in 

 which he preferred, on the part of your government, a claim for 

 $105,305.02, as compensation to some United States fishermen, on 

 account of losses stated to have been sustained by them through cer- 

 tain occurrences which took place at Fortune Bay, Newfoundland, on 

 the 6th of January, 1878. The delay which has arisen has been 

 occasioned by the necessity of instituting a very careful inquiry into 

 the circumstances of the case, to which, in all its bearings, Her 

 Majesty's Government were anxious to give the fullest consideration 

 before coming to a decision. Her Majesty's Government having now 

 completed that inquiry, so far as lies within their power, I beg leave 

 to request you to be so good as to communicate to your government 

 the following observations on the case. 



In considering whether compensation can properly be demanded 

 and paid in this case, regard must be had to the facts as established, 

 and to the intent and effect of the articles of the Treaty of Washing- 

 ton and the convention of 1818 which are applicable to those facts. 



The facts, so far as they are known to Her Majesty's Government, 

 are disclosed by the affidavits contained in the inclosed printed paper, 

 which, for convenience of reference, have been numbered in consecu- 

 tive order. Nos. 1 and 2 were received by Her Majesty's Government 

 from his excellency the governor of Newfoundland. Nos. 3 to 10, 

 inclusive, were attached to the report made by Captain Sulivan, of 

 Her Majesty's ship Sirius, who was instructed to make an inquiry 

 into the case. These were communicated to Mr. Welsh with my note 

 of the. 7th of November, 1878. Nos. 11 to 16, inclusive, are the affi- 

 davits of United States fishermen, printed in the New York Herald 

 of the 28th of January, 1878, and were received by Her Majesty's 

 minister at Washington. They have not been received officially from 

 the Government of the United States, but Her Majesty's Government 

 see no reason to doubt their authenticity. Nos. 17 to 22 were annexed 

 to Mr. Welsh's note of the 13th of August last. 



A careful examination of the above evidence shows that on the 

 day in question a large number of the crews of the United States 

 fishing vessels came on shore and from the beach barred the herrings, 

 the ends of their seiners being secured to the shore. That the fisher- 



