PERIOD FKOM 1871 TO 1905. 747 



"'While the differing interests and methods of the shore fishery 

 " ' and the vessel fishery make it impossible that the regulation of the 

 " ' one should be entirely given to the other, yet if the mutual obliga- 

 " ' tions of the Treaty of 1871 are to be maintained, the U. S. Gov 1 

 " ' would gladly cooperate with the Gov 1 of Her Britannic Majesty in 

 " ' any effort to make those regulations a matter of reciprocal con- 

 " ' venience and right, a means of preserving the fisheries at their 

 " ' highest point of production, and of conciliating a community of 

 " ' interest by a just proportion of advantages and profits.' ?: 



I expressed the satisfaction with which H. M.'s Gov 1 not only rec- 

 ognized in M r Evarts' proposal above referred to, an indication that 

 their desire to arrive at a friendly and speedy settlement of the con- 

 troversy was fully reciprocated by the Gov 1 of the U. S., but also 

 discerned in it the basis of a practical solution of the difficulty ; and I 

 assured M r Lowell of the readiness of H. M.'s Gov 1 to confer with the 

 Gov* of the U. S. respecting the establishment of regulations under 

 which the subjects of both parties to the Treaty of Washington should 

 have the full and equal enjoyment of any fishery which, under the 

 Treaty is to be used in common. 



The Memo of the U. S. Gov 1 after reviewing certain provisions of 

 the Newfoundland Acts, complains of partiality in their enforcement 

 by the Magistrates and other officials of the Colony (a complaint 

 which H. M.'s Gov* cannot admit to be well founded, and in support 

 of which no facts are adduced) and concludes with a suggestion that 

 if the Legislature of Newfoundland cannot dispense with those pro- 

 visions altogether, it should pass an act expressly declaring that they 

 shall have no application to the citizens of the U. S. 



I can only renew the expression of the regret and disappointment 

 which is felt by H. M.'s Gov 1 at the apparent disinclination on the 

 part of the Gov 1 of the U. S. to carry out M r Evarts' proposal ; and I 

 have to instruct you to read this dispatch to M r Frelinghuysen, and to 

 leave a copy of it with him should he desire it, conveying to him at 

 the same time the hope of H. M.'s Gov* that, upon further considera- 

 tion, the Gov 1 of the U. S. will agree to let the disputed question of 

 Treaty rights remain in abeyance, and will unite with H. M.'s Gov* 

 in carrying out the revision of the fishery regulations in the spirit and 

 with the object indicated by M r Evarts.. 



I am &c sd GRANVILLE 



The Hon., 



LIONEL S. SACKVILLE WEST, 



etc. etc. etc. 



Mr. Frelinghuysen to Mr. Lowell. 



No. 564.] DEPARTMENT OF STATE, 



Washington, April 5, 1883. 



SIR: I inclose herewith a copy of a joint resolution providing for 

 the termination of certain articles of the treaty between the United 

 States of America and Her Britannic Majesty, concluded at Wash- 

 ington May 8, 1871, which articles under the protocol signed June 7, 



