746 CORRESPONDENCE, ETC. 



gestions which the U. S. Gov* might be prepared to offer with a 

 view to the friendly consideration by the two Gov ts of such amend- 

 ments of the Fishery Regulations as might be reasonably called 

 for in the interests of both countries. 



H. M's Gov 1 regrets to find that the Memo contains no suggestion 

 of any kind tending to that object, but that it reopens a discussion 

 on the construction of the Treaty of Washington which it was 

 hoped had been exhausted in the previous correspondence. 



The Memo cites the following extract from a dispatch written by 

 M r Evarts in 1787, as representing the views of the U. S. Gov 1 : 



" This' Gov 1 conceives that the fishery rights of the U. S. con- 

 " ceded by the Treaty of Washington are to be exercised wholly 

 " free from the restraints and regulations of the Statutes of New- 

 " foundland, now set up as authority over our fishermen, and from 

 " every other Regulation now in force, or that may hereafter be 

 " enacted by that Government." 



H. M.'s Gov 1 however, have never accepted that construction 

 of the Treaty and on this point I have nothing to add to the views 

 expressed in the Note which I had the honour to address to M r 

 Lowell on the 27 th of October 1880. 



In that Note I used the following language : 



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

 " bound to state that, in the opinion of H. M.'s Gov 1 , the clause in 

 *' the Treaty of Washington which provides that the citizens of 

 " the U. S. shall be entitled ' in common with British subjects,' to 

 " fish in Newfoundland waters within the limits of British Sov- 

 " ereignty, means that the American and the British fishermen shall 

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

 " shall be an exemption of American fishermen from any reason- 

 " able regulations to which British fishermen are subject. 



" H. M.'s Gov 1 entirely concur in M r Marcy's Circular of the 28 th 

 " of March 1856. The principle therein laid down appears to them 

 " perfectly sound, and as applicable to the fishery provisions of the 

 " Treaty of Washington as to those of the Treaty which M r Marcy 

 " had in view ; they cannot, therefore, admit the accuracy in M r 

 " Evarts' letter to M r Welsh of the 28 th Sepf 1878, ' that the fishery 

 u ' rights of the U. S. conceded by the Treaty of Washington are 

 " ' to be exercised wholly free from the restraints and regulations 

 " ' of the Statutes of Newfoundland,' if by that opinion anj^thing 

 " inconsistent with M r Marcy's principle is really intended. H. M.'s 

 " Gov 1 , however, fully admit that, if any such local statutes could be 

 " shewn to be inconsistent with the express stipulations, or even 

 " with the spirit of the Treaty, they would not be within the cate- 

 " gory of those reasonable regulations by which American (in com- 

 " mon with British) fishermen ought to be bound ; and they observe, 

 " on the other hand, with much satisfaction that Mr. Evarts, at the 

 " close of his letter to M r Welsh of the 1 st of August, 1879, after 

 " expressing regret at ' the conflict of interests which the exercise 

 " ' of the Treaty privileges enjoyed by the U. S. appears to have 

 " ' developed,' expressed himself as follows : 



"'There is no intention on the part of this (the U. S.) Gov 1 that 

 " ' these privileges should be abused ; and no desire that their full and 

 " ' free enjoj r ment should harm the colonial fishermen. 



