CORRESPONDENCE 439 



fact that in its progress the Government of the United States was compelled to express 

 with emphatic distinctness the impossibility of accepting the subordination of its 

 treaty rights to the provisions of local legislation, which was apparently put forward 

 by Her Majesty's Government as a sufficient ground for the rejection of the claim. 

 And it was not until April, 1880 (a delay of two years, during which the importance of 

 an early settlement was urged upon Her Majesty's Government), that, after what 

 this Government understood and accepted at least as a satisfactory modification of 

 the assumption, we were informed by Lord Salisbury that, "Her Majesty's Govern- 

 ment are of opinion that under the circumstances of the case as at present within their 

 knowledge, the claim advanced by the United States fishermen for compensation on 

 account of the losses stated to have been sustained by them on the occasion in 

 question, is one which should not be entertained." 



This decision of Her Majesty's Government terminated any further discussion, 

 and the Government of the United States found itself compelled to protect the interests 

 of its citizens by such methods as might commend themselves to its judgment. In 

 addition to the Halifax Award which we had paid for the privileges and rights, the 

 exercise of which is now denied our citizens, we were also continuously paying, in 

 the shape of a remission of duties, some $300,000 per annum for this abortive right. 

 Thus forced into position of antagonism, which it profoundly regretted, the Govern- 

 ment of the United States was about to take such action as would at least suspend 

 this annual payment, until the two governments were in accord upon the construction 

 of the treaty, when Her Majesty's Government, through the United States minister 

 in London, suggested, June g, 1880, that the consideration of the subject be resumed 

 between the two governments, and that in such consideration, the two questions 

 of the interpretation of the treaty and the attack upon the American fishermen be 

 separated. To that suggestion I repHed, June 12, 1880, communicating my great 

 gratification at the friendly disposition of the British Cabinet, and saying that "the 

 President would be quite ready to entertain any consideration which may be pre- 

 sented to the Secretary of State to relieve the question of the fisheries from its 

 present difficulties." 



On October 27, 1880, Lord Granville addressed you the communication which is 

 the subject of this dispatch. I regret to find in this communication a disposition to 

 restrict a liberal compensation for an acknowledged wrong by limitations of the fishing 

 rights accorded by the treaty to which this government cannot consent. The use 

 of the strand, not as a basis of independent fishing, but as auxiliary to the use of the 

 seine in these waters where seine-fishing is the only possible mode of taking herring, 

 has been maintained by this government in my former dispatches, and would seem 

 to be justified by the explicit declaration of Her Majesty's Government in the "case" 

 submitted by them to the Halifax commission, in which, referring to the use of the 

 shores, it is affirmed "without such permission the practical use of the inshore fisheries 

 was impossible." But as Lord Granville distinctly refers the propriety and justice 

 of these limitations to further negotiations, I will not now discuss them, reserving what 

 I deem it right to say for a future dispatch in reference to the second of his lordship's 

 suggestions. 



I have recalled to your attention the history of the Fortune Bay outrage, in order 

 that you may express to Her Britannic Majesty's Government the great disappoint- 

 ment which this long delay in its settlement has occasioned. The circumstances 

 under which it occurred were such as to induce this goveniment to anticipate prompt 

 satisfaction, and it is impossible not to feel that the course which the British Govern- 



