QUESTION ONE. 71 



The Legislature of Newfoundland, by an act of May 5, 1873, under- 

 took to give its consent to the treaty and to admit the United States 

 to the full benefit of the fishing privileges of the treaty, but in sus- 

 pending in favor of the United States all laws in conflict with the 

 treaty, a proviso was added "that such laws, rules, and regulations, 

 relating to the time and manner of prosecuting the fisheries on the 

 coasts of this island, shall not be in any way affected by such 

 suspension." 



This act of the Newfoundland Legislature was brought to the atten- 

 tion of Mr. Fish, then Secretary of State, and he was asked by the 

 British minister, Sir Edward Thornton, to advise the President to 

 issue a proclamation that Newfoundland had complied with the treaty 

 requirements and was entitled to the benefit of its provisions. 6 



Mr. Fish, in a reply dated June 25, 1873, referred to the proviso in 

 the Newfoundland act, stating that from the note of the British 

 minister it would appear that the proviso contemplated a restriction 

 in point of time of the herring fishery, and declared that the treaty 

 placed no limitation of time upon the right of taking fish, and there- 

 fore that the Newfoundland act did not appear to be such consent 

 to the application of the treaty to Newfoundland as was contem- 

 plated by the act of Congress. He declined, accordingly, to advise 

 the President to issue the proclamation. 



The British Government, through its diplomatic representative at 

 Washington and the colonial authorities of Newfoundland, struggled 

 unsuccessfully against the position taken by Mr. Fish, and finally, 

 recognizing the force of his objection and yielding to it, Newfound- 

 land, on March 28, 1874, amended the act by eliminating the objec- 

 tionable proviso. 11 



THE MABCY CIBCTTLAR. 



On June 16, 1855, the lieutenant-governor of New Brunswick 

 sent to Mr. Crampton, British minister at Washington, a copy of the 

 laws and regulations of New Brunswick governing the fisheries in 

 that Province, for the purpose of having the latter submit them to 

 the Government of the United States with the view of securing 

 their approval by that Government and bringing them to the atten- 



a U. S. Counter Case, 34; Appendix, 87. 

 * U. S. Counter Case, Appendix, 195, 196. 

 e U. S. Counter Case, 33 ; Appendix, 196-197. 

 *U. S. Counter Case, 34; Appendix, 87. 



