QUESTION FIVE. 191 



etc., is not a bay of Her Majesty's dominions, the American fishermen 

 will be entitled to fish in it except within three miles of the coast. 

 When it is a bay of Her Majesty's dominions, they will not be entitled 

 to fish within three miles of it, that is to say (it is presumed) within 

 three miles of a line drawn from headland to headland. 



It is desirable that the British and American Governments should 

 come to a clear understanding in the case of each bay, creek or harbor, 

 what are the precise limits of the exclusive rights of Great Britain 

 and should define those limits in such a way as to be incapable of 

 dispute either by reference to the bearings of certain headlands or 

 other objects on shore, or by laying the lines on a map or chart." 



In 1871, the instructions issued by the Dominion of Canada to the 

 officers in command of its provincial cruisers accorded with the deci- 

 sion of the Government of Great Britain in 1870. 6 



THE NEGOTIATION OF THE TREATY OF WASHINGTON. 



In January, 1871, Sir Edward Thornton, having received an in- 

 struction from Lord Granville, suggested in a note to the Secretary 

 of State, that a complete understanding should be reached by the 

 two Governments as to the extent of the rights in respect of the 

 fisheries and as "to any other questions between them which affect 

 the relations of the United States towards those possessions ; " and 

 proposed a joint high commission." 



This suggestion of Lord Granville, and the subsequent notes ex- 

 changed between the two powers eventually led to the negotiations 

 resulting in the treaty of May 8, 1871, known as the Treaty of 

 Washington.* 



Article 18 of the Treaty of Washington extended to the inhabi- 

 tants of the United States the benefit of all the inshore fisheries 

 without limitation as to any distance from shore ; and by Article 19 

 of the treaty, a similar liberty was extended on the sea-coasts and 

 shores of the United States north of the thirty -ninth parallel of north 

 latitude, to the subjects of Great Britain.* 



The treaty took effect July 1, 1873, and was made applicable to 

 Newfoundland May 29, 1874. 



U. S. Case, 148; Appendix, 629. 

 6 U. S. Case, 146 ; Appendix. 955. 

 c U. S. Case, Appendix, 632. 

 * U. S. Case, 158-159 ; Appendix, 28. 

 e U. S. Case, Appendix, 29. 



