85 



APPENDIX B. 



Answer on bgualf op thb Unitbd States of Ahbrioa to the Cash o» Her 

 Britannic Majesty's GovxaNKSNT. 



BEFORIC proceeding to consider the Case which has been presented on behalf 

 or Her Majesty, the attention of the Commissioners is first called to the precise 

 question which, and which only, they have been appointed and are authorized to 

 determine. 



By Article XVIII of the Treaty of Washington, the inhabitants of the United 

 States have acquired, for the term of twelve years, whicii commenced July 1, 

 1873, liberty " to take fish of every kind, except shell-iish, on the sea coasts and 

 shores, und in the bays, jiarbours, and creeks of the provinces of Quebec, Nova 

 Scotia, and New Brunswick, and the colony of Prince Edward's Island, and of the 

 several islands thereunto adjacent, without being restricted to any distance from the 

 shore, with permission to land upon the said coasts and shores and islands, and 

 also upon the Magdalen Islands, for the purpose of drying their nets and curing 

 their fish : provided that, in so doing, they do not interfere with the rights of 

 private property, or with British fishermen in the peaceable use of any part of the 

 said coasts in their <)ccu|)ancy for the same purpose. 



'' It is understood that the above-mentioned liberty applies solely to the sea 

 fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and 

 the mouths of rivers, are reserved exclusively for British fishermen." 



By Article XXII provision is made for the appointment of Commissioners to 

 determine the amount of any compensation which, in their opinion, ought to be 

 paid by the Government of the United States to that of Her Britannic Majesty, in 

 return for the privileges accorded to the citizens of the United States under 

 Article XVIII of the Treaty. 



Compensation can be awarded only for such new privileges as the United 

 States acquired by virtue of Article XVIII. It is not competent for the Commis- 

 sioners to award compensation lor those rights which the fishermen of the United 

 States enjoy in common with the rest of mankind, nor for the liberty secured to 

 them by the Convention of 1818, nor for any rights, privileges, liberties, or ad van. 

 tages to which the United States are entitled by virtue of any other articles o( the 

 Treaty of Washington. Nothing, except the privileges newly acquired by virtue 

 of Article XVIII, falls within the claim for compensation which Her Majesty's 

 Government is entitled to make, and upon the validity and amount of which the 

 Commission has jurisdiction to determine. 



These are — 



1st. The privilege to (ish on the sea coasts and shores, and in the bays, 

 harbours, and creeks of Quebec, Nova Scotia, New Brunswick, Prince Edward's 



