QUESTION FIVIT. 195 



thorities, and dated respectively the 7th May and the 5th March last, 

 / have to acquaint you that these documents have now been amended 

 so as to bring them into exact accordance with treaty stipulations; 

 and I enclose, for communication to the United States Government, 

 printed copies of these documents as amended. 



The Marquis of Salisbury, Her Majesty's principal secretary of 

 state for foreign affairs, in a note to the American minister at London, 

 March 24, 1887, replied to a note of Mr. Phelps, transmitting to 

 Lord Salisbury's predecessor a despatch of Mr. Bayard proposing a 

 settlement of the fisheries controversy, in which reply he stated that 

 the subject had received the careful consideration of Her Majesty's 

 Government, and the fullest examination by the authorities of the 

 Dominion of Canada, and that 



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

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

 ality 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 suggestion 

 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. 6 



As a result of subsequent correspondence, the two powers appointed 

 plenipotentiaries, who met in Washington, and on February 15, 1888, 

 concluded the unratified treaty known as the Bayard- Chamberlain 

 treaty." 



On the day, on which the proposed treaty had been signed, the 

 British plenipotentiaries offered a modus vivendi pending the rati- 

 fication of the treaty.' 1 



This modus was made effective for a period not exceeding two 

 years, and extended to the fishing vessels of the United States, upon 

 the payment of a license fee, commercial privileges, permitted the 

 trans-shipment of cargo and the shipping of crews, and contained 

 a provision suspending the necessity of entering or clearing at the 

 custom-house, provided the vessel did not remain more than twenty- 

 four hours and did not communicate with the shore. Forfeiture was 

 to be exacted only for the offence of " fishing or preparing to fish in 

 territorial waters." 



U. S. Case, Appendix, 823. U. S. Case, 202-205. 



*U. S. Case, Appendix, 908-912. U. S. Case, 205; Appendix, 44. 



