CO885-(11-13) — Page 717

14,882.

No. 75.

(CANADA.)

PUBLIC RECORD OFFICE

T

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF "THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

MY LORD,

LAW OFFICERS to FOREIGN OFFICE.

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

Royal Courts of Justice, August 5, 1886. Pauncefote's letter of the 5th June last, stating that he was to transmit to us a despatch from Her Majesty's Minister at Washington, inclosing a copy of a note from Mr. Bayard, the United States Minister for Foreign Affairs, relative to the fishery question between Canada and Newfoundland and the United States.

That the fishery Articles of the Treaty of Washington had now expired in consequence of the denunciation of them by the United States Government, and that it was contended by Her Majesty's Government that the provisions of the Convention of the 20th October 1818 had now revived in their integrity.

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That our special attention was called to the terms of Article I. of that Convention. That with regard to the question now immediately at issue, viz., the right of United States fishing-vessels to frequent Canadian ports for the purpose of buying bait, ice, or supplies, the literal interpretation of Article I. seems scarcely to be questioned by Mr. Bayard, but that the argument relied on appeared to be that the expansion given to trade between the United States and Canada by a series of Laws and Regulations adopted by both countries had effected by independent yet concurrent "action" gradual enlargement of the provisions of the Convention of Commerce between Great Britain and the United States of the 3rd July 1815, which was limited to Her Majesty's dominions in Europe, so as practically to extend its operation to the British North American territories, and thus to override, as it were, the prohibition in Article I. of the Convention of 1818 against United States fishing-vessels entering the bays and harbours of Canada for any purpose except the four purposes therein specified.

That your Lordship had asked to be furnished with the observations of the Canadian Government on Mr. Bayard's note, but that, in the meanwhile, Sir J. Pauncefote was to request our opinion as to the validity of Mr. Bayard's contention, that Article I. of the Convention of 1818 could not be deemed to have revived in its integrity by reason of the existing conditions of the commercial relations between the two countries which had been brought about by concurrent and reciprocal legislation, and were inconsistent with the restrictions still sought to be imposed, under the terms of that Article, on United States fishing-vessels.

We are also honoured with a further letter from Sir J. Pauncefote, dated the 14th June last, stating that, with reference to his letter of the 5th June, he was to transmit to us a copy of a note from the United States Minister at this Court containing representations respecting recent seizures of American fishing-vessels in Canadian ports. That, in connexion with the arguments contained in that note, Sir J. Pauncefote inclosed the printed Records of the Halifax Fishery Commission.

That, in Appendix I., pp. 1539 to 1588, would be found the arguments of Counsel on the question of purchasing bait, &c., and in Appendix P., pp. 3381 to 3398, a collection of judgments in Canadian Vice-Admiralty Courts respecting vessels seized for infractions of the Convention of 1818 to No. 1 (the " White Fawn ") and No. 5 (the "J.H. Nickerson"), to which our especial attention was directed.

That inclosed was a volume respecting the negotiations leading to the Convention of 1818, from the draft Articles at pp. 95 and 96, of which it appeared that the United States' proposal to include the obtaining of bait within the provisions of the Convention was refused.

That Sir J. Pauncefote was to request that we would favour your Lordship with any observations we might have to make on Mr. Phelps' note in connexion with that of Mr. Bayard, already submitted to us, it being understood that the case which was expected to contain a full presentment of Canadian views had not yet reached this country but that it would be submitted to us as soon as it arrived.

That in connexion with Mr. Bayard's note, Sir Julian Pauncefote was to transmit therewith a despatch since received from Her Majesty's Minister at Washington, inclosing observations by Mr. Calderon Carlisle, the Counsel of the British Legation, on the arguments in that note, which were founded on the reciprocal legislation of the two countries.

A 20491.-40. 25.-8/86.