12 FISHERIES ARBITRATION AT THE HAGUE 



of taking fish on the one hand, or of the exemption from duty of fish and fish 

 oil (as mentioned therein). 



"I regret, therefore, that the Act of the Legislature of Newfoundland 

 which reserves a right to restrict the American right of fishing within certain 

 periods of the year, does not appear to be such consent on the part of the Colony 

 of Newfoundland to the application of the stipiilations and provisions of Articles 

 1 8 to 25 of the Treaty, as is contemplated by the Act of Congress to which 

 you refer, and in accordance with which the Proclamation of the President 

 is to issue." 



There Mr. Fish stated the proposition which we press upon you 

 here. "The treaty places no limitation of time within the period 

 during which the articles relating to the fisheries are to remain in 

 force," and "the Act which reserves a right to restrict the American 

 right of fishing within certain periods of the year is not such a con- 

 sent as is contemplated by the Act of Congress," and so on. 



That is supplemented by the conversation with Mr. Fish, 

 reported by Sir Edward Thornton, the British Minister in Wash- 

 ington, in which he said on p. 253 of the British Case Appendix: 



"Mr. Fish replied that he could state confidentially his understanding that 

 the jurisdiction gave the right of laying down reasonable pohce regulations, 

 and that as a matter of course such regulations would be observed by all who 

 fished in the waters in question;" 



That is the general jurisdiction as I have stated it; as Mr. Marcy 

 stated it; and as Lord Salisbury stated it; 



"but"— 



He proceeded to say — 



"the permission to fish granted by the treaty was accompanied by no restric- 

 tion except so far as to define the localities in which the fishing was to be 

 carried on." 



That is the basis. 



And upon that the Legislature of Newfotmdland passed a new 

 enactment omitting the attempted reservation of the right to 

 regulate in respect of the time and manner of fishing which had 

 been declared contrary to the treaty, and substituted in place of 

 it their Act of the 28th March, 1874, which appears at p. 706 of 

 the British Appendix, and which says the articles of the Treaty 

 of Washington 



