CLAIMS OF AMERICAN FISHERMEN

Exchange of notes at Washington May 28, 1881

Entered into force May 28, 1881

Terminated on fulfillment of its terms 1

1881 For. Rel. 589

The British Minister to the Secretary of State

WASHINGTON, May 28, 1881

(Received May 28)

SIR: With reference to your note of the 6th instant, relating to the discussions which have recently taken place between Her Majesty's Government and that of the United States with regard to the losses alleged to have been suffered by United States fishermen in Fortune Bay, Newfoundland, on the 6th of January 1878, in consequence of certain acts committed by natives of that colony, I have the honor to inform you that Her Majesty's Government is prepared to meet the views of the Government of the United States upon this matter by the payment of the sum of £15,000 sterling in full satisfaction of all claims for disturbance of American fishermen in their fishing operations on the coasts of Newfoundland and its dependencies up to the 4th of March last, including the occurrences at Aspee Bay, Cape Breton, Nova Scotia, in the Dominion of Canada, a statement of which is made at pages 138 to 141, inclusive, of Ex. Doc. No. 84 of the second session of the House of Representatives of the Forty-sixth Congress.

It will, however, be clearly understood that the above-mentioned payment will be made without prejudice to any question of the rights of either of the two governments under Articles XVIII to XXV, both inclusive, and Article XXXII of the treaty of May 8, 1871,2 between the United States and Great Britain.

I have, &c.,

EDW'D THORNTON

1 For an exchange of notes at Washington June 2 and 4, 1881, regarding payment and receipt of claim, see 1881 For. Rel. 591.

'TS 133, ante, p. 170.

The Secretary of State to the British Minister
DEPARTMENT OF STATE,

Washington, May 28, 1881

SIR: I have the honor to acknowledge the receipt of your note of May 28, 1881, in which, referring to mine of the 6th, you convey the gratifying intelligence that Her Majesty's Government has accepted the terms of settlement agreed upon by us of the difficulties at Fortune Bay, occurring on the 6th of January, 1878.

The understanding of this government is, as you state, that the payment of £15,000 sterling is in full satisfaction of all claims for disturbances of American fishermen in their fishing operations on the coast of Newfoundland and its dependencies up to 4th of March last, including the occurrences at Aspee Bay, Cape Breton, Nova Scotia, in the Dominion of Canada, a statement of which is made at pages 138 to 141, inclusive, of Ex. Doc. No. 84 of the House of Representatives of the Forty-sixth Congress.

This government also clearly understands that the above-mentioned payment will be made without prejudice to any question of the rights of either of the two governments under Articles XVIII to XXV, both inclusive, and Article XXXII of the treaty of May 8, 1871, between the United States and Great Britain.

You can advise me of the time and method of payment, which I leave to be settled by your own convenience.

I have, &c.,

JAMES G. BLAINE

FISHERIES

Notice by the Secretary of State June 22, 1885; exchanges of memorandums and notes March 12-June 22, 1885, extending the fishery clauses of treaty of May 8, 1871

Entered into force June 22, 1885

Expired January 1, 1886

1885 For. Rel. 460; Treaty Series 138-1

NOTICE OF JUNE 22, 1885, BY THE Secretary of State

By direction of the President, the undersigned, Secretary of State, hereby makes known to all whom it may concern that a temporary diplomatic agreement has been entered into between the Government of the United States and the Government of Her Britannic Majesty in relation to the fishing privileges which were granted by the fishery clauses of the treaty between the United States and Great Britain of May 8, 1871 1, whereby the privilege of fishing, which would otherwise have terminated with the treaty clauses on the 1st of July proximo, may continue to be enjoyed by the citizens and subjects of the two countries engaged in fishing operations throughout the season of 1885.

This agreement proceeds from the mutual good-will of the two Governments, and has been reached solely to avoid all misunderstanding and difficulties which might otherwise arise from the abrupt termination of the fishing of 1885 in the midst of the season. The immunity which is accorded by this agreement to the vessels belonging to citizens of the United States engaged in fishing in the British American waters will likewise be extended to British vessels and subjects engaged in fishing in the waters of the United States.

The joint resolution of Congress of March 3, 1883,2 providing for the termination of the fishing articles of the treaty of May 8, 1871, having repealed in terms the act of March 1, 1873,3 for the execution of the fishing articles, and that repeal being express and absolute from the date of the termination of the said fishing articles, under due notification given and proclaimed by the President of the United States, to wit, July 1, 1885, the present temporary agreement in no way affects the question of statutory enactment or exemption from customs duties, as to which the abrogation of the fishing articles remains complete.

1 TS 133, ante, p. 170.

2 22 Stat. 641.

317 Stat. 482.

As part of this agreement, the President will bring the whole question of the fisheries before Congress at its next session in December, and recommend the appointment of a joint commission by the Governments of the United States and Great Britain to consider the matter, in the interest of maintaining good neighborhood and friendly intercourse between the two countries, thus affording a prospect of negotiation for the development and extension of trade between the United States and British North America. Copies of the memoranda and exchanged notes on which this temporary agreement rests are appended.

Reference is also made to the President's proclamation of January 31, 1885,* terminating the fishing articles of the Treaty of Washington. By direction of the President:

T. F. BAYARD
Secretary of State

EXCHANGES OF MEMORANDUMS AND NOTES

British Memorandum of March 12, 1885 5

The fishery clauses of the Treaty of Washington of 1871 will expire on the 1st of July next. It has been represented by the Canadian Government that much inconvenience is likely to arise in consequence, unless some agreement can be made for an extension of the period.

When the time comes (1st of July next) American ships will be actually engaged in fishing within the territorial waters of the Dominion. These vessels will have been fitted out for the season's fishing and have made all their usual arrangements for following it up until its termination in the autumn. If, under these circumstances, the provincial or municipal authorities in Canada were to insist upon their strict rights, and to compel such vessels, on pain of seizure, to desist from fishing, considerable hardship would be occasioned to the owners, and a feeling of bitterness engendered on both sides which it is clearly the interest of both Governments to avert.

It seems therefore desirable, in order to avoid such possible complications, that both Governments should come to an agreement under which the clauses might be in effect extended until the 1st of January, 1886.

If this were done the existing state of things would come to an end at a date between the fishery season of 1885 and that of 1886, and an abrupt transition at a moment when fishery operations were being carried on would be thus avoided.

WASHINGTON, March 12, 1885.

4 23 Stat. 837.

5

The memorandum accompanied a personal letter to the Secretary of State from L. S. Sackville West, the British Minister.

United States Memorandum of April 21, 1885

The legislation passed by the Congress of the United States, act of March 1, 1873, for the execution of the fishery articles of the Treaty of Washington, has been repealed by the joint resolution of March 3, 1883, the repeal to take effect July 1, 1885. From that date the effects of the fisheries articles of the Treaty of Washington absolutely determine, so far as their execution within the jurisdiction of the United States is concerned, and without new legislation by Congress modifying or postponing that repeal the Executive is not constitutionally competent to extend the reciprocal fisheries provisions of the treaty beyond the 1st of July next, the date fixed by the action of Congress.

Mr. West's memorandum of March 12, 1885, suggests the mutual practical convenience that would accrue from allowing the fishing ventures commenced prior to July 1, 1885, to continue until the end of the season for fishing of that year, thus preventing their abrupt termination in the midst of fishing operations on the 1st of July.

It has been, moreover, suggested on the part of the Province of Newfoundland and of the Dominion of Canada, that in view of the mutual benefit and convenience of the present local traffic, consisting of the purchase of ice, bait, wood, and general ship supplies by the citizens of the United States engaged in fishing from the inhabitants of the British American fishing coast, the usual operations of the fishing season of 1885 should be continued by the fishing vessels belonging to citizens of the United States until the end of the season of that year, and that the local authorities of Newfoundland and of the Dominion of Canada, in a spirit of amity and good neighborhood, should abstain from molesting such fishermen or impeding their progress or their local traffic with the inhabitants incidental to fishing during the remainder of the season of 1885, and all this with the understanding that the President of the United States would bring the whole question of the fisheries before Congress at its next session in December, and recommend the appointment of a commission in which the Governments of the United States and of Great Britain should be respectively represented, which commission should be charged with the consideration and settlement, upon a just, equitable, and honorable basis, of the entire question of the fishing rights of the two Governments and their respective citizens on the coasts of the United States and British North America.

The President of the United States would be prepared to recommend the adoption of such action by Congress with the understanding that in view and in consideration of such promised recommendation there would be no enforcement of restrictive and penal laws and regulations by the authorities of the Dominion of Canada or of the Province of Newfoundland, against the fishermen of the United States resorting to British-American waters between the 1st of July next and the close of the present year's fishing season;