CO885-(11-13) — Page 477

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assure you that the fear is unfounded. In the event of any German subject resident in the Colony being recalled to his own country to perform military duties in Germany, such German subject would be entitled to claim his discharge from the Colonial force and to leave the Colony.

I have, &c.

His Excellency Count Münster,

&c.

&c.

&c.

2960.

•

PUBLIC RECORD OFFICE

Reference :-

T ། ། །

CO.

885

No. 218.

(NEWFOUNDLAND.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

We are honoured with your Lordship's commands, signified in Sir Julian

Temple, 11th February 1880. Pauncefote's letter of the 1st ultimo, stating that he had the honour to transmit to us, by direction of your Lordship, the correspondence respecting a claim which the United States' Government have preferred against that of Her Majesty, amounting to the sum of 105,305 dollars, on account of damages alleged to have been sustained through the violent interference by British subjects with United States' fishermen while engaged in catching herring at Fortune Bay, in the Colony of Newfoundland, in the alleged exercise of their rights under the Treaty of Washington.

That Sir J. Pauncefote was also to enclose a printed memorandum containing a statement of the facts and a reference to the Treaties, Colonial Acts, and other docu- ments bearing on the case; and that Sir J. Pauncefote was to request that we would take all those papers into our consideration, and favour your Lordship with our opinion on the claim, and with our advice as to the answer which should be returned to the letter addressed by the United States Minister to your Lordship on the 13th August 1879 (see Further Correspondence, p. 1), transmitting a copy of Mr. Evart's despatch to him of the 1st August 1879.

In obedience to your Lordship's commands we have the honour to

Report

That in our opinion the American fishermen had not, under the Treaty of Washing- ton, the right to use the beach for the purpose of working their seine and barring the fish.

Probably greater and more continued violence was used by the British fishermen than was necessary, but as the Americans were the first offenders, their claim for compensation should not be entertained.

Legislation subsequent to the time of the Treaty of Washington cannot, in our opinion, modify or restrict the rights and privileges which the citizens of the United States acquired, and their Government have paid for, under that Treaty.

But we think the Americans were bound by all local laws in existence at the time when the Treaty was made; that by the words of the Treaty, they were on the territorial waters of Newfoundland entitled to equal rights.. and to the fishery in common with British subjects.

As to the answer, we have the honour to

Report

That the United States Minister may, in our opinion, properly be answered to the following effect:-

That the right of the citizens of the United States to compensation for damage sustained by them in Fortune Bay, Newfoundland, in January 1878, depends upon the facts and occurrences which happened on the day and in the place named, and the construction of those Articles of the Treaty of Washington of 1871 which are appli- cable to the facts.

First, as to facts.

The ends of the seines of the United States' citizens were secured to the shore. This fact, which is material, is not noticed by Mr. Evarts in his Enclosure No. 1 to Mr. Welsh, though at p. 5 of the Further Correspondence, in continuation of No. 2920, he says, referring to the affidavits of Rode, Dagle, and Murray, that conducted at a distance from any land, fishery, or privilege, or the occupation of any the seining was British subject."

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From the affidavits of Maclurison, p. 14, and the deposition of Ramsey, p. 17, of Correspondence 3851, it appears that on the day in question a large number of the crews belonging to the United States' fishery vessels came on shore and from the beach barred the herrings.

If these facts are true—and that they are true appears clearly from the statement transmitted by Mr. Evarts to Sir E. Thornton (Correspondence No. 3851, p. 5), the

▲ 12916.-28. 25.-19/84.

12 PUBLIC RECORD OFFICE, LONDON

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