954 



CORRESPONDENCE, ETC. 



Ad interim Arrangement pro- Observations on Mr. Bay- 

 posed by the United ard'a Memorandum. 

 States' Government. 



Reply to "Observations " on 

 Proposal. 



ABTICLB V. 



ABTICLH V. 



The Government of Her 

 Britannic Majesty agree to 

 release all United States' 

 fishing vessels now under 

 seizure for failing to report 

 at custom-houses when 

 seeking shelter, repairs, or 

 supplies, and to refund all 

 fines exacted for such fail- 

 ure to report. And the 

 High Contracting Parties 

 agree to appoint a Joint 

 Commission to ascertain the 

 amount of damage caused to 

 American fishermen during 

 the year 1886 by seizure 

 and detention in violation of 

 the Treaty of 1818, said 

 Commission to make awards 

 therefor to the parties in- 

 jured. 



By this Article It la pro- 

 posed to give retrospective 

 effect to the unjustified in- 

 terpretation sought to be 

 placed on the Convention by 

 the last preceding Article. 



It is assumed, without dis- 

 cussion, that all United 

 States' fishing vessels which 

 have been seized since the 

 expiration of the Treaty of 

 Washington have been il- 

 legally seized, leaving, aa 

 the only question still open 

 for consideration, the amount 

 of damages for which the 

 Canadian authorities are 

 liable. 



Such a proposal appears 

 to Her Majesty's Govern- 

 ment quite inadmissible. 



This Government Is not 

 disposed to insist on the pre- 

 cise form of this Article, but 

 is ready to substitute there- 

 for a submission to arbitra- 

 tion in more general terms. 



Ad interim Arrangement pro- 

 posed \>y the United 

 States' Government. 



Observations on Mr. Bay- 

 ard's Memorandum. 



AHTICLB VI. 



The Government of the 

 United States and the Gov- 

 ernment of Her Britannic 

 Maiesty agree to give con- 

 current notification and 

 warning of Canadian Cus- 

 toms Regulations, and the 

 United States agrees to ad- 

 monish its fishermen to 

 comply with them and co- 

 operate in securing their 

 enforcement. 



This Article calla for no 

 remark. 



APPENDIX A. 



" In such capacity, your Jurisdiction must be strictly confined within the limit of ' three 

 marine miles of any of the coasts, bays, creeks or harbors,' of Canada, with respect to any 

 action you may take against American fishing vessels and United States citizens engaged 

 in fishing. Where any of the bays, creeks or harbors shall not exceed ten geographical 

 miles in width, you will consider that the line of demarcation extends from headland to 

 headland, either at the entrance to such bay, creek or harbor, or from and between given 

 points on both sides thereof, at any place nearest the mouth where the shores are less than 

 ten miles apart ; and may exclude foreign fishermen and fishing vessels therefrom, or seize 

 if found within three marine miles of the coast 



"Jurisdiction. The limits within which you will, if necessary, exercise the power to 

 exclude Uuited States fishermen, or to detain American fishing vessels or boats, are for 

 the present to be exceptional. Difficulties have arisen In former times with respect to 

 the question, whether the exclusive limits should be measured on lines drawn parallel every- 

 where to the coast and describing its sinuosities, or on lines produced from headland to 

 headland across the entrances of bays, creeks or harbors. Her Majesty's Government are 

 clearly of opinion, that by the Conventi9n of 1818, the United States have renounced the 

 right of fishing not only within three miles of the Colonial shores, but within three miles 

 of a line drawn across the mouth of any British bay or creek. It Is, however, the wish 

 of Her Majesty's Government neither to concede, nor for the present to enforce any righta 

 In this respect, which are in their nature open to any serious question. Until further 

 instructed, therefore, you will not Interfere with any American fishermen unless found 

 within three miles of the shore, or within three miles of a line drawn across the mouth 

 of a bay or creek which is less than ten geographical miles In width. In the case of any 

 other bay, as the Bay de Chaleurs, for example, you will not admit any United States 

 fishing vessel or boat, or any American fishermen, inside of a line drawn across at that 

 part of such bay where its width does not exceed ten miles." (Session Papers, Vol. Ill, 

 No. 6, 1870.) 



APPENDIX B. 



" In such capacity, your jurisdiction must be strictly confined within the limit of ' three 

 marine miles of any of the coasts, bays, creeks or harbors ' of Canada, with respect to any 

 action you may take against American fishing vessels and United States citizens engaged in 



