PEEIOD FROM 1811 TO 1905. 



951 



The language of the Con- 

 yention of 1818 was not 

 fully incorporated In the sec- 

 ond paragraph of the 1st 

 Article of the proposal, be- 

 cause that paragraph relates 

 to regulations for the se- 

 cure enjoyment of certain 

 privileges expressly reserved. 

 The words " and for no 

 other purpose whatever " 

 would in this relation be 



4 surplusage. The restrictions 



to prevent the abuse of the 

 privileges referred to would 

 necessarily be such as to 

 prevent the " taking, drying, 

 and curing " of fish. For 

 these reasons the words re- 

 ferred to were not inserted, 

 nor is the usefulness of 

 their insertion apparent. 



Ad interim Arrangement fro- Observations on Mr. Bay- Reply to "Observations " on 

 posed by the United ard's Memorandum. Proposal. 



States' Government. 



ARTICLE II. 



ABTICLB II. 



Pending a definitive ar- 

 rangement on the subject, 

 Her Britannic Majesty's 

 Government agree to in- 

 struct the proper Colonial 

 and other British officers to 

 abstain from seizing or mo- 

 lesting fishing vessels of 

 the United States unless 

 they are found within 3 ma- 

 rine miles of any of the 

 coasts, bays, creeks, and 

 harbours of Her Britannic 

 Majesty's dominions in 

 America, there fishing, or to 

 have been fishing or prepar- 

 ing to fish within those lim- 

 its, not included within the 

 limits within which, under 

 the Treaty of 1818, the fish- 

 ermen of the United States 

 continue to retain a com- 

 mon right of fishery with 

 Her Britannic Majesty's 

 subjects. 



This Article would sus- 

 pend the operation of the 

 Statutes of Great Britain 

 and of Canada, and of the 

 provinces now constituting 

 Canada, not only as to the 

 various offenses connected 

 with fishing, but as to cus- 

 toms, harbours, and ship- 

 ping, and would give to the 

 fishing vessels of the United 

 States privileges in Cana- 

 dian ports which are not 

 enjoyed by vessels of any 

 other class, or of any other 

 nation. Such vessels would, 

 for example, be free from 

 the duty of reporting at the 

 Customs on entering a Cana- 

 dian harbour, and no safe- 

 guard could be adopted to 

 prevent infraction of the 

 Customs Laws by any vessel 

 asserting the character of a 

 fishing vessel of the United 

 States. 



Instead of allowing to 

 such vessels merely the re- 

 stricted privileges reserved 

 by the Convention of 1818, 

 it would give them greater 

 privileges than are enjoyed 

 at the present time by any 

 vessels in any part of the 

 world. 



The objections to this 

 Article will, It is believed, 

 be removed by a reference to 

 Article VI, in which "the 

 United States agrees to ad- 

 monish its fishermen to 

 comply " with Canadian cus- 

 toms regulations and to co- 

 Operate in securing their en- 

 forcement. Obedience by 

 American fishing vessels to 

 Canadian laws was believed 

 and certainly was intended 

 to be secured by this article. 

 By the consolidation, how- 

 ever, of Articles II and VI 

 the criticism would be fully 

 met. 



Ad interim Arrangement pro- Observations on Mr. Bay- 

 posed by the United ard's Memorandum. 

 States' Government. 



Reply to " Observations " on 

 Proposal. 



ABTICLE III. 



ABTICLB III. 



For the purpose of exe- 

 cuting Article I of the Con- 

 vention of 1818, the Govern- 

 ment of the United States 

 and the Government of Her 

 Britannic Majesty hereby 

 agree to send each to the 

 Gulf of St. Lawrence a na- 

 tional vessel, and also one 

 each to cruise during the 

 fishing season on the south- 

 ern coasts of Nova Scotia. 

 Whenever a fishing vessel of 



This Article would de- 

 prive the Courts in Canada 

 of their jurisdiction, and 

 would vest that jurisdiction 

 in a Tribunal not bound by 

 legal principles, but clothed 

 with supreme authority to 

 decide on most important 

 rights of the Canadian peo- 

 ple. 



It would submit such 

 rights to the adjudication 

 of two naval officers, one of 



As the chief object of thin 

 Article is not unacceptable 

 to Her Majesty's Govern- 

 ment i. e., the establish- 

 ment of a joint system of 

 inquiry by naval officers of 

 the two countries In the 

 first instance it is believed 

 that the objections sug- 

 gested may be removed by 

 an enlargement of the list 

 of enumerated offenses so as 

 to include Infractions of the 



