360 



Govovnmcnt, tlio result of tlieir (ielibevotiipii.j, wh'w'.' I'. r\ liclievo (d W in i-ri'i^nlmi' o 'Aitli ; I'^lii- 

 opiiiiiiii in nil piu'ts of the Dominioii. 



"Tin? CoinmiUoe uf tlio I'livy t!ounc.il rcmlily admit that Cuniulii is deeply interested in tha 

 maintoiiiince of covdiiil relations betwee-- lO lieiuililio of the United States and the liritish Knipire, 

 and they would tlierefore have been prepared without hesit«tion to recommend the Canadian Parlia- 

 ment to co-ojierate in procuring au amicable settlement of all diU'erences likely to endaiiijer the 

 good understanding between the two counirics. For such an object they woidd not have hesitated 

 to recommend the concession of some valuable rights, which they liave always claimed to enjoy 

 under the Treaty of 1818, and for which, as the Earl of Kimborley observes, Her Majesty's (Jovern- 

 ment liave always contended, both Governments having acted on the interpretation given to the 

 Treaty in question by high legal authorities. The general dissatisfaction which the jniblieation of 

 the Treaty of Washington has produced in Canada, and which has beeii expressed with as much 

 force in the agricultunil districts in the AVest as in the Maritime Troviuces, arises chielly from two 

 causes. 



" 1st. That the principal cause of diflference between Canada and the Unit'.'d States has not been 

 removed by the Treaty, but remains a subject for anxiety. 



" 2ndly. That a ccjsion of territorial rights of great value has been made to the United States, 

 not oidy without the previous assent of Canada, but contrary to the expressed wishes of the Canailiau 

 Govemmeut. 



"The Committee of the Privy Council will submit their views on both tlio.se points for the 

 information of Her Majesty's Government, in the hope that by means of discu.ssion a more .satisfac- 

 tory understanding between the two Government.s may be arrived at. The Earl of Kindierley lias 

 refen'ed to the ndes laid down in Article VI of the Treaty of "Washington, as to the international 

 duties of neutral Governments as being of .special importance to the Dominion, b>it the ( omniiitee of 

 the Privy Council, judging from past ex]ierience, are much more ap](reliensive of misuiulerstanding, 

 owing to the apparent difference of opinion between Canada and the United States as to the relative 

 duties of friendly Slates in a time of peace. It is unnecessaiy to enter into any lengthened discussion 

 of the conduct of the United States during the la.st six or seven years, with ret'crence to the organiza- 

 tion of considerable numbers of the citizens of those states under tiio designation of Kenians. The 

 views of the Canadian Government on this subject are in ])o.<-sessioii of Ibr Majesty's Government, 

 and it appears from the Protocol of Conference between the High ('ninniis.-iinni'i's that the liri'.ish 

 Comnii.ssioners ])resented the claims of the people of Canada, and were in.sliucled to state that they 

 w'ere regarded by Her Majesty's Government as coming within tin: class of sulijeets indicated by Sir 

 Edward Thornton, in his letter of 2Gth January la.st, as sidijects for the con^ideraliun of tin; Joint High 

 Comniissionere. The Earl of Kimberley states that it was with much regret that Her Majesty's 

 Government acquiesced in the omission of these claims from the general settlement of outstanding 

 questions between Great Britain and the Uniti>d States, and the Committee of llu? Privy Council, 

 while fully participating in that regret, must add that the fact that this Fenian organization is still i;i 

 full vigour, and that th( ;eems no reason to hojie that the United States' (iovernment will jierforui 

 its duly as a friendly neigiibour any better in the future than in the ])ast, leads them to entertain n 

 just a])preli..nsion that the outstanding subject of ilifleri;nco with the United States is the one of all 

 others which is of special importance to the Doniininn. They must add, that they are not aware that 

 during the existence of this Fenian organization, wliich for nearly seven yeai-s lias been a cause of 

 irritation and expense to the people of Canada, Her Majesty's Government have made any vijiorous 

 effort to induce the (iovernment of the United States to perlbrm its duty to a neighbouring ])eoj)le, 

 ivho earnestly desire to live with them on terms of amity, and who during the civil war loyally 

 jHM'forniel .ill the duties of neutrals to the expressed .satisfaction of the (Iovernment of the I'nited 

 States. On the contrary, while in the opinion of the Government and the entire ]ieo])le of Canada, 

 the (tovenment of the United States neglected, until much too late, to take the necessaiy measures to 

 prevent the Fenian invasion of 1870, Her Majesty's tiovernment hastened to acknowledge, liy cable 

 telegram, the prompt action of the President, and to thank him for it. The Committie of the Privy 

 Council will only add, on this painful subject, that it is one on which the greatest \inanimity exists 

 among all clas.ses of tlie people throughout the Dominion, and the failure of the High Commissioners 

 to deal w illi it has beiMi one cause of the ))revailiiig dissatisfaction witli the Treaty of Washii.gtiui. 



""the Committee of the Pri\'y Council will proceeil to the consideration of the other subject of 

 dis.sat! il'U'tion in Canada, viz., the cession to citizens of the United States of the right to the use of 

 the insiiore tisheries in common with the peo]ile of Canada. The Earl of Kimberley, after observing 

 that the Canadian (iovernment took the initiative in suggesting that a joint Hriti.sh and American 

 Commission should be appointed, with a view to settle the disputes which had arisen as to the inter- 

 pretation of the Treaty of 1818, jiroceeds to slate that 'the causes of the dilliculty lay deeper than 

 any qiu'stion of interpretation,' that 'the diseussiiui of such ])oints as the correct definition uf bays 

 could not lead to a friendly agreement with the Uiuted States,' and that ' it was neces.sary therefore 

 to endeavour to tind an equivalent which the United States might be willing to give in return for the 

 fishery privileges.' 



" In the foregoing ojiinion of the Earl of Kind>erley, the Committee of the Privy Council are 

 unable to concur, and they cainiot but regret that no opportunity was aflbrded them of conmiunicating 

 to Her Majesty's Government their views on a subject of so much importance to Canada, ]irior to 

 the meeting of the Joint High Commission. 



" When the Canadian Government took the initiative of suggesting the appointment of a Joint 

 British and American Commission they never contem])iated the surrender of their territorial rights, 

 aiul they had no reu.son to suppose thatHr.r Majesty's Governnuuit enl'rtained the sentiments expressed 

 by the Earl of Kind)erley in his recent despatch. Had such sentinuiits '. een (!Xpre8sedto the delegate 

 appointed by the Canadian Government to coid'er with his Lordship i: few months before the appoint- 

 ment of the Commission, it would ot least have been in their power in have remonstrated aginnst the 



