Arbitration at The Hague of questions relating to fisheries on the north Atlantic Coast. In giving this advice and consent to the ratification of the Special Agreement, and as a part of the act of ratification, the Senate states in the resolution its understanding-"that it is agreed by the United States and Great Britain that question 5 of the series submitted, namely, 'from where must be measured the three marine miles of any of the coasts, bays, creeks or harbors referred to in said Article?' does not include any question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, and that the respective views or contentions of the United States and Great Britain on either subject shall be in no wise prejudiced by anything in the present arbitration, and that this agreement on the part of the United States will be mentioned in the ratification of the special agreement and will, in effect, form part of this special agreement." In thus formally confirming what I stated to you orally, I have the honor to express the hope that you will in like manner formally confirm the assent of His Majesty's Government to this understanding which you heretofore stated to me orally, and that you will be prepared at an early day to exchange the notes confirming the Special Agreement as provided for therein and in the general arbitration convention of June 5, 1908." I have the honor to be, with the highest consideration, Your Excellency's most obedient servant, His Excellency The Right Honorable JAMES BRYCE, O.M., Ambassador of Great Britain. ROBERT BACON The British Ambassador to the Secretary of State BRITISH EMBASSY, Washington, March 4, 1909 SIR, I have the honour to acknowledge the receipt of your note informing me that the Senate of the United States has approved the Special Agreement for the reference to arbitration of the questions relating to the fisheries on the North Atlantic Coast and of the terms of the Resolution in which that approval is given. It is now my duty to inform you that the Government of His Britannic Majesty confirms the Special Agreement aforesaid and in so doing confirms also the understanding arrived at by us that Question V of the series of 'The convention signed at Washington Apr. 4, 1908 (TS 494, ante, p. 295), entered into force June 4, 1908, and was proclaimed by the President June 5, 1908. Questions submitted for arbitration, namely from where must be measured the "three marine miles of any of the coasts, bays, creeks, or harbours" referred to in the said article, is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, is included in this question as one to be raised in the present arbitration, it being the intention of the Parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration. This understanding is that which was embodied in notes exchanged between your predecessor and myself on January 27th, and is that expressed in the abovementioned Resolution of the Senate of the United States. I have the honour to be, with the highest respect, Sir, Your most obedient, humble Servant, JAMES BRYCE The Honourable ROBERT BACON, Secretary of State. The Secretary of State to the British Ambassador DEPARTMENT OF STATE, Washington, March 4, 1909 EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 4th instant in which you confirm the understanding in the matter of the Special Agreement submitting to arbitration the differences between the Governments of the United States and Great Britain concerning the North Atlantic fisheries, as expressed in the Resolution of the Senate of February 18, 1909, and as previously agreed upon by the interchange of notes with my predecessor of January 27, 1909. I therefore have the honor to inform you that this Government considers the Special Agreement as in full force and effect from and after the 4th day of March, 1909. I have the honor to be, with the highest consideration, Your Excellency's most obedient servant, His Excellency The Right Honorable JAMES BRYCE, O. M., Ambassador of Great Britain. ROBERT BACON NEWFOUNDLAND FISHERIES Exchange of notes at London July 22 and September 8, 1909, modifying and extending agreement of July 15 and 23, 1908 Entered into force September 8, 1909 Terminated by agreement of July 20, 1912 1 1 I Malloy 844; Treaty Series 533 The American Ambassador to the Secretary of State for Foreign Affairs AMERICAN EMBASSY, SIR, Inasmuch as under the provisions of the Special Agreement, dated January 27th, 1909,2 between the United States and Great Britain for the submission to arbitration of certain questions arising with respect to the North Atlantic Coast Fisheries, the decision of the Tribunal on such questions will not be rendered before the summer of 1910, and inasmuch as the Modus Vivendi entered into with Great Britain last July 3 with respect to the Newfoundland Fisheries does not in terms extend beyond the season of 1908, my Government thinks it desirable that the Modus of last year should be renewed for the coming season, and if possible until the termination of the Arbitration proceedings for the settlement of these questions. I am therefore instructed to propose such a renewal to His Majesty's Government, the understanding on both sides originally having been, as you may remember, that the Modus was entered into pending arbitration. I have the honour to be, with the highest consideration, Sir, Your most obedient, humble Servant, 'See exchange of notes at London July 15 and 23, 1908 (TS 504), ante, p. 317. The Secretary of State for Foreign Affairs to the American Chargé d'Affaires SIR, FOREIGN OFFICE, September 8th, 1909 In reply to Mr. Whitelaw Reid's note of July 22nd last I have the honour to state that His Majesty's Government agree to the renewal of the modus vivendi of 1908 for the regulation of the Newfoundland Fisheries, until the termination of the arbitration proceedings before the Hague Tribunal for the settlement of the Atlantic Fisheries questions. His Majesty's Government suggest that Mr. Whitelaw Reid's note of July 22nd and my present reply should be regarded as constituting a sufficient ratification of the above understanding without the necessity for embodying it in a more formal document. I have the honour to be, with high consideration, Sir, Your most obedient, humble Servant, J. R. CARTER, ESQ., &c. &c. &c. E. GREY BOUNDARIES: PASSAMAQUODDY BAY Treaty signed at Washington May 21, 1910 Senate advice and consent to ratification June 6, 1910 Ratified by the President of the United States July 13, 1910 Ratifications exchanged at Washington August 20, 1910 Entered into force August 20, 1910 Proclaimed by the President of the United States September 3, 1910 ARTICLE I 36 Stat. 2477; Treaty Series 551 WHEREAS, by Article I of the Treaty of April 11, 1908,1 between the United States and Great Britain, it was agreed that Commissioners should be appointed for the purpose of more accurately defining and marking the international boundary line between the United States and the Dominion of Canada in the waters of Passamaquoddy Bay from the mouth of the St. Croix River to the Bay of Fundy, the description of the location of certain portions of such line being set forth in the aforesaid Article, and it was agreed with respect to the remaining portion of the line that— 3 each of the High Contracting Parties shall present to the other within six months after the ratification of this Treaty a full printed statement of the evidence, with certified copies of original documents referred to therein which are in its possession, and the arguments upon which it bases its contentions, with a view to arriving at an adjustment of the location of this portion of the line in accordance with the true intent and meaning of the provisions relating thereto of the treaties of 17832 and 1814 between the United States and Great Britain, and the award of the Commissioners appointed in that behalf under the Treaty of 1814; it being understood that any action by either or both Governments or their representatives authorized in that behalf or by the local governments on either side of the line, whether prior or subsequent to such treaties and award, tending to aid in the interpretation thereof, shall be taken into consideration in determining their true intent and meaning; * Treaty signed at Paris Sept. 3, 1783 (TS 104, ante, p. 8). * Treaty signed at Ghent Dec. 24, 1814 (TS 109, ante, p. 41). 308-581-74-23 |