that part of the Southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbors and creeks, from Mount Joly, on the Southern coast of Labrador, to and through the Straits of Belle Isle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and that the American fishermen shall also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbors and creeks of the southern part of the coast of Newfoundland hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors of the ground.

And the United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry or cure fish, on or within three marine miles, of any of the coasts, bays, creeks or harbors of His Britannic Majesty's Dominions in America, not included within the above mentioned limits; provided, however, that the American fishermen shall be admitted to enter such bays or harbors for the purpose of shelter and of repairing damages therein, of purchasing wood and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying or curing fish therein, or in any manner whatever abusing the privileges hereby reserved to them.

297

Attention is also called to the following provisions of the Act of the Parliament of Canada, Cap. 61, of the Acts of 1868, intituled: "An Act respecting fishing by foreign vessels."

2nd. Any commissioned officer of Her Majesty's Navy, serving on board of any vessel of Her Majesty's Navy, cruising and being in the waters of Canada for purpose of affording protection to Her Majesty's Subjects engaged in the Fisheries, or any commissioned officer of Her Majesty's Navy, Fishery Officer, or Stipendary Magistrate on board of any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries or any officer of the Customs of Canada, Sheriff, Magistrate or other person duly commissioned for that purpose, may go on board of any ship, vessel or boat, within any harbor in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks or harbors in Canada, and stay on board so long as she may remain within such place or distance.

3rd. If such ship, vessel or boat be bound elsewhere, and shall continue within such harbour, or so hovering for twenty-four hours after the master shall have been required to depart, any one of such officers or persons as are above mentioned may bring such ship, vessel or boat into port and search her cargo, and may also examine the master upon oath touching the cargo and voyage; and if the master or person in command shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel or boat be foreign, or not navigated according to the laws of the United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks or harbors of Canada, not included within the above mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel or boat, under the first section of this Act, such ship, vessel or boat, and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited.

4th. All goods, ships, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo liable to forfeiture under this Act, may be seized and secured by any officers or persons mentioned in the second section of this Act; and every person opposing any officer or person in the execution of his duty under this Act, or aiding or abetting any other person in any opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanour, and upor conviction be liable to imprisonment for a term not exceeding two years.

Therefore be it known, that by virtue of the Treaty Provisions and Act of Parliament, above recited, all foreign vessels, or boats, are forbidden from fishing or taking fish by any means whatever within 92909°-S. Doc. 870, 61-3, vol 4—42

three marine miles of any of the coasts, bays, creeks and harbors in Canada, or to enter such bays, harbors and creeks, except for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever; of all of which you will take notice and govern yourself accordingly. GEORGE E. FOSTER, Minister of Marine and Fisheries.

DEPARTMENT OF FISHERIES,

(Sd.)

Ottawa, 5th March, 1886.

No. 183.-1886, March 29: Letter from Sir L. S. S. West Minister at Washington to the Governor General of Canada.

[No. 30.] WASHINGTON, 29th March, 1886. MY LORD, I have the honour to inform your Excellency that the American Consul-General at Halifax is reported to have argued that there is nothing in the Treaty of 1818 to prevent Americans having caught fish in deep water and cured them from landing them in a marketable condition at any Canadian port and transhipping them in bond to the United States, either by rail or vessel, and that moreover a refusal to permit the transportation would be a violation to [of] the general bonding arrangement between the two countries.

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I have, &c.

(Sd.)

His Excellency The GOVERNOR-General.

L. S. SACKVILLE WEST.

No. 184.-1886, April 6: Report of a Committee of the Privy Council for Canada, approved by His Excellency the Governor-General in Council.

The Committee of the Privy Council have had under consideration a despatch, dated the 29th March, 1886, from Her Majesty's Minister at Washington, informing your Excellency that the United States' Consul General at Halifax was reported to have argued that there is nothing in the Convention of 1818 to prevent Americans, having caught fish in deep water and cured them, from landing them in a marketable condition at any Canadian port and transhipping them in bond to the United States either by rail or vessel, and that any refusal to permit such transhipment would be a violation of the general bonding arrangement between the two countries.

The Sub-Committee to whom the despatch in question was referred report that if the contention of the United States' Consul at Halifax is made in relation to American fishing-vessels, it is inconsistent with the Convention of 1818.

That they are of opinion, from the language of that Convention"Provided, however, that the American fishermen shall be permitted to enter such bays or harbors for the purposes of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water and for no other purpose whatever"-that, under the terms

of the Convention, United States' fishermen may properly be precluded from entering any harbor of the Dominion for the purpose of transhipping cargoes, and that it is not material to the question that such fishermen may have been engaged in fishing outside of the "3-mile limit " exclusively, or that the fish which they may desire to have transhipped have been taken outside of such limit.

That to deny the right of transhipment would not be a violation of the general bonding arrangement between the two countries.

That no bonding arrangement has been made which, to any extent, limits the operation of the Convention of 1818, and, inasmuch as the right to have access to the ports of what is now the Dominion of Canada for all other purposes than those named, is explicitly renounced by the Convention, it cannot with propriety be contended that the enforcement of the stipulation above cited is contrary to the general provisions upon which intercourse is conducted between the two countries.

Such exclusion could not, of course, be enforced against United States' vessels not engaged in fishing.

The Sub-Committee in stating this opinion are not unmindful of the fact that the responsibility of determining what is the true interpretation of a Treaty or Convention made by Her Majesty must remain with Her Majesty's Government, but in view of the necessity of protecting to the fullest extent the inshore fisheries of the Dominion according to the strict terms of the Convention of 1818, and in view of the failure of the United States' Government to accede to any arrangements for the mutual use of the insore [inshore] fisheries, the Sub-Committee recommend that the claim which is reported to have been set up by the United States' Consul-General at Halifax be resisted.

The Committee concur in the foregoing report and recommendation, and they respectfully submit the same for your Excellency's approval.

(Sd.)

JOHN J. MCGEE, Clerk, Privy Council for Canada.

No. 185.-1886, May 7: Circular issued by the Canadian Customs

Department.

CIRCULAR No. 371.

CUSTOMS DEPARTMENT,
Ottawa, 7th May, 1886.

SIR, The Government of the United States having by notice terminated Articles 18 to 25, both inclusive, and Article 30, known as the Fishery Articles of the Washington Treaty, attention is called to the following provision of the Convention between the United States and Great Britain, signed at London, on the 20th October, 1818:

Article 1st. Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry and cure fish, on certain coasts, bays, harbors and creeks, of His Britannic Majesty's Dominion, in America, it is agreed between the High Contracting Parties, that

the inhabitants of the said United States shall have, forever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southeru coast of Newfoundland which extends from 299 Cape Ray to the Rameau Island, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbors and creeks, from Mount Joly, on the southern coast of Labrador, to and through the Straits of Belle Isle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and that the American fishermen shall also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbors and creeks of the southern part of the coast of Newfoundland hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors of the ground.

And the United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry or cure fish, on or within three marine miles, of any of the coasts, bays, creeks or harbors of His Britannic Majesty's dominions in America, not included within the above mentioned limits; provided, however, that the American fishermen shall be admitted to enter such bays or harbors for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking. drying or curing fish therein, or in any manner whatever abusing the privileges hereby reserved to them.

Attention is also called to the following provisions of the Act of the Parliament of Canada, cap. 61, of the Acts of 1868, intituled: "An Act respecting fishing by foreign vessels.”

2nd. Any commissioned officer of Her Majesty's Navy, serving on board of any vessel of Her Majesty's Navy, cruising and being in the waters of Canada for the purpose of affording protection to Her Majesty's subjects engaged in the fisheries, or any commissioned officer of Her Majesty's Navy, Fishery Officer, or Stipendiary Magistrate on board of any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries or any officer of the Customs of Canada, Sheriff, Magistrate or other person duly commissioned for that purpose, may go on board of any ship, vessel or boat, within any harbor in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks or harbors in Canada, and stay on board so long as she may remain within such place or distance.

3rd. If such ship, vessel or boat be bound elsewhere, and shall continue within such harbor, or so hovering for twenty-four hours after the Master shall have been required to depart, any one of such officers or persons as are above mentioned may bring such ship, vessel or beat into port and search her cargo, and may also examine the Master upon oath touching the cargo and voyage; and if the Master or person in command shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel or boat be foreign, or not navigated according to the laws of the United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks or harbors of Canada, not included within the above mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel or boat under the first section of this Act, such ship, vessel or boat, and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited.

4th. All goods, ships, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo liable to forfeiture under this Act, may be seized and secured by any officers or persons mentioned in the second section of this Act; and every person opposing any officer or person in the execution of his duty under this Act. or aiding or abetting any other person in any opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and upon conviction be liable to imprisonment for a term not exceeding two years.

Having reference to the above, you are requested to furnish any forcign fishing vessels, boats or fishermen found within three marine

miles of the shore, within your district, for other purposes than those of shelter and of repairing damages, of purchasing wood and of obtaining water, with a printed copy of the warning enclosed herewith. If such vessel or boat is found fishing, preparing to fish, or violating the provisions of the Convention of 1818, by shipping men or supplies or trading, or if hovering within the three-mile limit, does not depart within twenty-four hours after receiving such warning, you will place an officer on board of such vessel, and at once telegraph the facts to the Fisheries Department at Ottawa, and await instructions. J. JOHNSON, Commissioner of Customs.

(Sd.)

No. 186.-1886, May 10: Letter from Mr. Bayard (United States Secretary of State) to Sir L. S. S. West.

DEPARTMENT OF STATE,

Washington, 10th May, 1886. SIR, On the 6th instant, I received from the Consul General of the United States, at Halifax, a statement of the seizure of an American schooner, the " Joseph Story," of Gloucester, Massachusetts, by the authorities at Baddeck, Cape Breton, and her discharge after a detention of twenty-four hours.

300

On Saturday, the 8th instant, I received a telegram from the same official, announcing the seizure of the American schooner "David J. Adams," of Gloucester, Massachusetts, in the Annapolis Basin, Nova Scotia, and that the vessel had been placed in the custody of an officer of the Canadian steamer "Lansdowne," and sent to St. John, New Brunswick, for trial.

As both of these seizures took place in closely land-locked harbours, no invasion of the territorial waters of the British provinces, with the view of fishing there, could well be imagined. And yet the arrests appear to have been based upon the act or intent of fishing within waters as to which, under the provisions of the Treaty of 1818, between Great Britain and the United States of America, the liberty of the inhabitants of the United States to fish has been renounced.

It would be superfluous for me to dwell upon the desire which, I am sure, controls those respectively charged with the administration of the Governments of Great Britain and the United States to prevent occurrences tending to create exasperation and unneighborly feeling, or collision between the inhabitants of the two countries; but animated with this sentiment the time seems opportune for me to submit some views for your consideration, which I confidently hope will lead to such administration of the laws regulating the commercial interests and the mercantile marine of the two countries as may promote good feeling and mutual advantage, and prevent hostility to commerce under the guise of protection to inshore fisheries.

The Treaty of 1818 is between two nations. the United States of America and Great Britain, who, as the Contracting Parties, can alone apply authoritative interpretation thereto, or enforce its provisions by appropriate legislation.