712 CORRESPONDENCE, ETC. 



the fisheries from its present difficulties, and that the Bill now pend- 

 ing before Congress extends to the President adequate discretionary 

 power to meet an accord between the two Governments respecting 

 the fishery rights of the United States under the Treaty, should such 

 an accord be established during the recess of Congress. 

 I have, &c. 



(Signed) J. R. LOWELL. 



Earl Granville to Mr. Lowell. 



FOREIGN OFFICE, October 27. 1880. 



SIR : Her Majesty's Government have carefully considered the cor- 

 respondence which has taken place between their predecessors and 

 the Government of the United States respecting the disturbance 

 which occurred at Fortune Bay, on the 6th of January, 1878, and 

 they have approached this subject with the most earnest desire to 

 arrive at an amicable solution of the differences which have unfor- 

 tunately arisen between the two governments on the construction of 

 the provisions of the treaties which regulate the rights of the United 

 States fishermen on the coast of Newfoundland. 



In the first place, I desire that there should be no possibility of mis- 

 conception as to the views entertained by Her Majesty's Government 

 respecting the conduct of the Newfoundland fishermen in violently 

 interfering with the United States fishermen, and destroying or dam- 

 aging some of their nets. Her Majesty's Government have no hesi- 

 tation in admitting that this proceeding was quite indefensible, and is 

 much to be regretted. No sense of injury to their rights, however 

 well founded, could, under the circumstances, justify the British 

 fishermen in taking the law into their own hands and committing 

 acts of violence, but I will revert by and by to this feature in the 

 case, and will now proceed to the important question raised in this 

 controversy, whether, under the treaty of Washington, the United 

 States fishermen are bound to observe the fishery regulations of New- 

 foundland in common with British subjects. 



"Without entering into any lengthy discussion on this point, I feel 

 bound to state that in the opinion of Her Majesty's Government the 

 clause in the treaty of Washington which provides that the citizens 

 of the United States shall be entitled, " in common with British sub- 

 jects," to fish in Newfoundland waters within the limits of British 

 sovereignty, means that the American and British fishermen shall 

 fish in these waters upon terms of equality, and not that there shall 

 be an exemption of American fishermen from any reasonable regula- 

 tions to which British fishermen are subject. 



Her Majesty's Government entirely concur in Mr. Marcy's circular 

 of the 28th of March, 1856. The principle therein laid down ap- 

 pears to them perfectly sound, and as applicable to the fishery pro- 

 visions of the treaty of Washington as those of the treaty which 

 Mr. Marcy had in view. They cannot, therefore, admit the accuracy 

 of the opinion expressed in Mr. Evarts's letter to Mr. Welsh, of the 

 28th of September, 1878, " that the fishery rights of the United States 

 conceded by the treaty of Washington are to be exercised wholly 



