Papers Relating to the Foreign Relations of the United States

scribed for other vessels of the United States.

dian waters for any purpose whatever, except those of shelter, repairs, and the purchase of wood and water. It has frequently been pointed out that an attempt was made, during the negotiations which preceded the Convention of 1818, to obtain for the fishermen of the United States the right of obtaining bait in Canadian waters, and that this attempt was successfully resisted. In spite of this fact, it is proposed, under this Article, to declare that the Convention of 1818 gave that privilege, as well as the privilege of purchasing other supplies in the harbours of the Dominion.

cal commercial regulations, to vessels of the United States en gaged in trading.

The right to "Gotain" (i. e, take, or fish for) bait, was not insisted upon by the American negotiators, and was doubtless omitted from the Treaty, because, as it would have permitted fishing for that purpose, it was a partial reassertion of the right to fish within the limits as to which the right to take fish had already been expressly renounced.

The purchase of bait and other supplies by the American fish. ermen in the established ports of entry of Canada, as proposed in Article IV, is not regarded as inconsistent with any of the provisions of the Treaty of 1818; and in this relation it is perti. nent to note the declaration of the Early of Kimberly, in his letter of February 16, 1871, to Lord Lisgar, that "the exclusion of "American fishermen from re"sorting to Canadian ports, ex"cept for the purpose of shelter, "and of repairing damages "therein, purchasing wood, and "obtaining water, might be war

"ranted by the letter of the

Treaty of 1818, and by the 41 terms of the Imperial Act 59, "Geo. III, Chap. 38, but Her "Majesty's Government feel "bound to state that it seems "to them an extreme measure "inconsistent with the general "policy of the Empire, and they "were disposed to concede this "point to the United States "Government under such re"strictions as may be necessary "to prevent smuggling, and to

guard against any substantial "invasion of the exclusive "rights of fishing which may be "reserved to British subjects."

It is not contended that the right to purchase bait and supplies, or any other privilege of trade, was given by the Treaty of 1818. Neither was any such right or privilege stipulated for or given by the Treaty of 1854, nor by the Treaty of Washington; and the Halifax Commission decided in 1877, that it was not "competent " for that tribunal "to award compensation for "commercial intercourse be"tween the two countries, nor "for purchasing bait, ice, sup

Ad interim Arrangement proposed by the United States' Government.

ARTICLE V.

The Government of Her Britannic Majesty agree to release all United States' fishing vessels now under seizure for failing to report at custom-houses when seeking shelter, repairs, or sup plies, and to refund all fines exacted for such failure to report. And the High Contracting Parties agree to appoint a Joint Commission to ascertain the amount of damage caused to American fishermen during the year 1886 by seizure and detention in violation of the Treaty of 1818, said Commission to make awards therefor to the parties injured.

Ad interim Arrangement proposed by the United States' Government.

ARTICLE VI.

The Government of the United States and the Government of Her Britannic Majesty agree to give concurrent notification and warning of Canadian Customs Regulations, and the United States agrees to admonish its fishermen to comply with them and co-operate in securing their enforcement.

"In such capacity, your jurisdiction must be strictly confided within the limit of 'three marino miles of any of the coasts, bays, creeks or harbors,' of Canada, with respect to any acti on you may take against American fishing vessels and United States citizens engaged in fishing. Where any of the bays, creeks or harbors shall not exceed ten geographical miles in width, you will consider that the line of demarcation extends from headland to headland, either at the entrance to such bay, creek or barbor, or from and between given points on both sides thereof, at any place nearest the mouth where the shores are less than ten miles apart; and may exclude foreign fishermen and fishing vessels therefrom, or seize if found within three marine miles of the coast.

"Furisdiction.-The limits within which you will, if necessary, exercise the power to exclude United States fishermen, or to detain American fishing vessels or boats, are for the present to be exceptional. Difficulties have arisen in former times with respect to the question, whether the exclusive limits

should be measured on lines drawn parallel everywhere to the coast and describing its sinuosties, or on lines produced from headland to headland across the entrances of bays, creeks or harbors. Her Majesty's Government are clearly of opinion, that by the Convention of 1818, the United States have renounced the right of fishing not only within three miles of the Colonial shores, but within three miles of a line drawn across the mouth of any British bay or creek. It is, however, the wish of Her Majesty's Government neither to concede, nor for the present to enforce any rights in this respect, which are in their nature open to any serious question. Until further instructed, therefore, you will not interfere with any American fishermen unless found within three miles of the shore, or within three miles of a line drawn across the mouth of a bay or creek which is less than ten geographical miles in width. In the case of any other bay, as the Bay de Chaleurs, for example, you will not admit any United States fishing vessel or boat, or any American fishermen, inside of a line drawn across at that part of such bay where its width does not exceed ten miles." (Session Papers, Vol. III, No. 6, 1870.)

APPENDIX B.

"In such capacity, your jurisdiction must be strictly confided within the limit of 'three marine miles of any of the coasts, bays, creeks or harbors' of Canada, with respect to any action you may take against American fishing vessels and United States citizens engaged in fishing. Where any of the bays, creeks, or harbors shall not exceed six geographical miles in width, you will consider that the line of demarcation extends from headland to headland, either at the entrance to such bay, creek, or harbor, or from and between given points on both sides thereof, at any place nearest the mouth where the shores are less than six miles apart; and may exclude foreign fishermen and fishing vessels therefrom, or seize if found within three marine miles of the coast.

"Jurisdiction.-The limits within which you will, if necessary, cxercise the power to exclude United States fishermen, or to detain American fishing vessels or boats, are for the present to be exceptional. Difficulties have arisen in former times with respect to the question, whether the exclusive limits should be measured on lines drawn parallel everywhere to the coast and describing its sinuosities, or on lines produced from headland to headland across the entrances of bays, creeks or harbors. Her Majesty's Government are clearly of opinion that, by the Convention of 1818, the United States have renounced the right of fishing not only within three miles of the Colonial shores, but within three miles of a line drawn across the mouth of any British bay or creek. It is, however, the wish of Her Majesty's Government neither to concede, nor for the present to enforce any rights in this respect which are in their nature open to any serious question. Until further instructed, therefore, you will not interfere with any American fishermen unless found within three miles of the shore, or within three miles of a line drawn across the mouth of a bay or a creek which, though in parts more than six miles wide, is less than six geographical miles in width at its mouth. In the case of any other bay, as the Bay des Chaleurs for example, you will not interfere with any United States fishing vessel or boat, or any American fish, ermen, unless they are found within three miles of the shore.

"Action.-You will accost every United States vessel or boat actually within three marine miles of the shore along any other part of the coast except Labrador and around the Magdalen Islands, or within three marine miles of the entrance of any bay, harbor, or creek which is less than six geographi cal miles in width, or inside of a line drawn across any part of such bay, harbor, or creek at points nearest to the mouth thereof not wider apart than six geographical miles, and if either fishing, preparing to fish, or having obviously fished within the exclusive limits, you will, in accordance with the aboverecited acts, seize at once any vessel detected in violating the law, and send or take her into port for condemnation; but you are not to do so unless it is evident, and can be clearly proved, that the offense of fishing has been committed, and that the vessel is captured within the prohibited limits." (Session Papers, Vol. IV, No. 4, 1871.

APPENDIX C.-The secretary of state for the colonies to the governor-general.

DOWNING STREET, October 10, 1870.

SIR: I inclose a copy of a memorandum, which I have requested Lord Granville to transmit to Sir E. Thornton, with instructions to communicate with you before addressing himself to the Government of United States on the subject to which the memorandum relates.

The object of Her Majesty's Government is, as you will observe, to give effect to the wishes of your Government, by appointing a joint commission, on which Great Britain, the United States, aml Canada are to be represented, with the object of inquiring what ought to be the geographical limits of the exclusive fisheries of the British North American colonies. In accordance with the understood desire of your advisers it is proposed that the inquiry should be held in America.

The proposal contained in the last paragraph is made with a view to avoid diplomatic difficulties, which might otherwise attend the negotiation.

I have, etc.,

Governor-General the Right Hon. Sir JOHN YOUNG, G. C. B., G. C. M. G.

KIMBERLEY.

Memorandum for foreign office respecting a commission to settle limits of the right of exclusive fishery on the coast of British North America.

"A convention made between Great Britain and the United States, on the 20th October, 1818, after securing to American fishermen certain rights to be exercised on part of the coasts of Newfoundland and Labrador, proceeded as follows:

"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 miles of any of the coasts, bays, creeks, or harbors of His Britannic Majesty's dominions in America not included within the above limits.' "The right of Great Britain to exclude American fishermen from waters within three miles of the coast is unambiguous and, it is believed, uncontested. But there appears to be some doubt what are the waters described as within three miles of bays, creeks, and harbors. When a bay is less than six miles broad, its waters are within three miles limit, and therefore clearly within the meaning of the treaty; but when it is more than that breadth, the question arises whether it is a bay of Her Britannic Majesty's dominions.

"This is a question which has to be considered in each particular case with regard to international law and usage. When such a bay, etc., is not a bay of Her Majesty's dominions, the American fishermen will be entitled to fish in it, except within three miles of the 'coast;' 'when it is a bay of Her Majesty's dominions,' they will not be permitted to fish within three miles of it; that is to say (it is presumed), within three miles of a line drawn from headland to headland.

"It is desirable that the British and American Governments should come to a clear understanding in the case of each bay, creek, or harbor what are the precise limits of the exclusive rights of Great Britain, and should define those limits in such a way as to be incapable of dispute, either by reference to the bearings of certain headland, or other objects on shore, or by laying the lines down in a map or chart.

"With this object it is proposed that a commission should be appointed, to be composed of representatives of Great Britain, the United States, and Canada, to hold its sittings in America, and to report to the British and American Governments their opinion either as to the exact geographical limits to which the renunciation above quoted applies, or, if this found impracticable, to suggest some line of delineation along the whole coast which, though not in exact conformity with the words of the convention, may appear to them consistent in substance with the just rights of the two nations, and calculated to remove occasion for further controversy.

"It is not intended that the results of the commission should necessarily be embodied in a new convention between the two countries but if an agreement can be arrived at, it may be sufficient that it should be in the form of an understanding between the two Governments as to the practical interpretation which shall be given to the convention of 1818." (Session Papers, 1871.)

No. 322.

Mr. Phelps to Mr. Bayard

[Extract.]

LEGATION OF THE UNITED STATES,

London, August 2, 1887. (Received August 13.)

SIR: I have the honor to acknowledge' the receipt of your instruction of the 12th ultimo, inclosing two copies of your "proposal for an arrangement," with the Canadian "observations" and your reply thereto printed in parallel columns, and to inform you that I have communicated a copy of the same to Lord Salisbury.

I have, etc..

E. J. PHELPS.

No. 323.

Mr. Bayard to Mr. Phelps.

No. 730.]

DEPARTMENT OF STATE, Washington, November 18, 1887. SIR: As containing information and suggestions of international interest, I inclose copies of certain representations lately made to my colleague, the Postmaster-General, from many of the chief commercial cen.

ters of the United States, referring to the beneficial results to postal communication from a resort to the system of sending the mails by the most expeditious means offered, without reference to other considerations than certainty and celerity, and efficiency in the transmission of postal correspondence internationally.

The names of the memorialists comprise many of the most responsible and intelligent members of the mercantile community, and are impres sive in their number as well as in the standing and character of the individual signers.

In the interests of the facilitation of commercial intercourse these papers are now transmitted, and you can bring them to the notice of the Government to which you are accredited and furnish copies of the documents referred to, should they be desired.

The United States ministers to France, Germany, Russia, Austria, Italy, Spain, Sweden and Norway, and Denmark have been similarly addressed by me.

I am, etc.,

T. F. BAYARD,

[Inclosure in No. 730.]

Memorial to the Postmaster-General.

Hon. W. F. VILAS, Postmaster-General:

OCTOBER, 1887.

SIR: The undersigned, merchants and importers, doing business in New York City, desire to express their appreciation and thanks for your successful efforts to expedite the mails from this country to Europe, as shown by the following statement of the superintendent of foreign mails of the time of transit of mails from New York to London and Paris during the fiscal year ended June 30, 1887: