912 



CORRESPONDENCE, ETC. 



excess of those which would be derived by Canada and Newfoundland 

 from the operation of the fishery articles of the treaty. 



Her Majesty's Government and the Government of Canada, in 

 proof of their earnest desire to treat the question in a spirit of lib- 

 erality and friendship, are now willing to revert for the coming 

 fishing season, and, if necessary, for a further term, to the condition 

 of things existing under the treaty of Washington, without any sug- 

 gestion of pecuniary indemnity. 



This .is a proposal which, I trust, will commend itself to your 

 Government as being based on that spirit of generosity and good will 

 which should animate two great and kindred nations, whose common 

 origin, language, and institutions constitute as many bonds of amity 

 and concord. 



I have, etc., 



SALISBURY. 



[Inolosnrr No. 1.] 



Draft protocol communicated by Mr. Adams to the Earl of Claren- 

 don in 1866. 



[Inclosure No. 2.] 



Ad interim arrangement proposed by the United States Government. 

 ARTICLE I. 



Whereas, in the first article of 

 the convention between the 

 United States and Great Britain, 

 concluded and signed in London 

 on the 20th October, 1818, it was 

 agreed between the high contract- 

 ing parties " that the inhabitants 

 of the said United States shall 

 have forever, in common with the 

 subjects of His Britannic Majesty, 

 the liberty to take fish of every 

 kind on that part of the southern 

 coast of Newfoundland which 

 extends from Cape Ray to the 

 Rameau Islands, on the western 

 and northern coast of Newfound- 

 land, from the said Cape Ray to 

 the Quirpon Islands, on the 

 shores of the Magdalen Islands, 

 and also on the coasts, bays, har- 

 bors, and creeks, from Mount 

 Joly on the southern coast of 

 Labrador, to and through the 

 Straits of Belleisle, and thence 

 northwardly indefinitely along 

 toe coast, without prejudice, how- 

 ever, to any of the exclusive 

 rights of the Hudson's Bay Com- 



Observations on Mr. Bayard's 

 memorandum. 



The most important departure 

 in this article from the Protocol 

 of 1866 is the interpolation of the 

 stipulation, " that the bays and 

 harbors from which American 

 vessels are in future to be ex- 

 cluded, save for the purposes for 

 which entrance into bays and har- 

 bors is permitted by said article, 

 are hereby agreed to be taken to 

 be such harbors as are 10, or less 

 than 10, miles in width, and the 

 distance of 3 marine miles from 

 such bays and harbors shall be 

 measured from a straight line 

 drawn across the bay or harbor 

 in the part nearest the entrance 

 at the first point where the width 

 does not exceed 10 miles." 



This provision would iiwolve a 

 surrender of fishing rights which 

 have always been regarded as the 

 exclusive property of Canada, and 

 would make common fishing- 

 grounds of territorial waters 

 which, by the law of nations, have 

 been invariably regarded both in 

 Great Britain and the United 



