432 APPENDIX 



cumstances of the case, to which, in all its bearings, Her Majesty's Government were 

 anxious to give the fullest consideration before coining to a decision. Her Majesty's 

 Government having now completed that inquiry so far as lies within their power, 

 I beg leave to request you to be so good as to communicate to your Government the 

 following observations on the case. 



In considering whether compensation can properly be demanded and paid in this 

 case, regard must be had to the facts as estabhshed, and to the intent and effect of 

 the Articles of the Treaty of Washington and the Convention of 1818 which are 

 applicable to those facts. 



The facts, so far as they are known to Her Majesty's Government, are disclosed 

 by the affidavits contained in the inclosed printed paper, which, for convenience of 

 reference, have been numbered in consecutive order. Nos. i and 2 were received by 

 Her Majesty's Government from his Excellency the Governor of Newfoundland; 

 Nos. 3 to 10, inclusive, were attached to the Report made by Captain Suhvan, of 

 Her Majesty's ship "Sirius," who was instructed to make an inquiry into the case. 

 These were communicated to Mr. Welsh with my note of the 7th November, 1878. 

 Nos. II to 16, inclusive, are the affidavits of the United States' fishermen, printed 

 in the "New York Herald" of the 28th January, 1878, and were received from Her 

 Majesty's Minister at Washington. They have not been received officially from the 

 Government of the United States, but Her Majesty's Government see no reason to 

 doubt their authenticity. Nos. 17 to 22 were annexed to Mr. Welsh's note of the 13th 

 August last. 



A careful examination of the above evidence shows that on the day in question 

 a large number of the crews of the United States' fishing vessels came on shore, and 

 from the beach barred the herrings, the ends of their seines being secured to the shore. 

 That the fishermen of the locality remonstrated against these proceedings, and upon 

 their remonstrance proving unavailing, removed the nets by force. 



Such being the facts, the following two questions arise : — 



1. Have United States' fishermen the right to use the strand for purposes of actual 

 fishing? 



2. Have they the right to take herrings with a seine at the season of the year in 

 question, or to use a seine at any season of the year for the purpose of barring herrings 

 on the coast of Newfoundland? 



The answers to the above questions depend on the interpretation of the Treaties. 



With regard to the first question, namely, the right to the strand-fishery, I would 

 observe that Article I of the Convention between Great Britain and the United States 

 of the 20th October, 1818, secured to citizens of the United States the right, in common 

 with British subjects, to take fish of every kind on certain specified portions of the coast 

 of Newfoundland, and to use the shore for the purposes of purchasing wood and obtain- 

 ing water, and for no other purpose whatever. 



Articles XVIH and XXXH of the Treaty of Washington superadded to the above- 

 mentioned privileges the right for United States' fishermen to take fish of every kind 

 (with certain exceptions not relevant to the present case) on all portions of the coast 

 of that island, and permission to land 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 coast 

 in their occupancy for the same purpose." 



Thus, whilst absolute freedom in the matter of fishing in territorial waters is granted, 

 the right to use the shore for four specified purposes alone is mentioned in the Treaty 



