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RECORD OFFICE, LONDON

14 May 1907.

NEWFOUNDLAND FISHERY.

(Sir R. Bond.)

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Fifteenth Day. Majesty's other Dominions in America. It also provided for a renunciation by the United States of pre-existing rights to take fish within 3 marine miles of any of the coasts, bays, creeks, or harbours of His Britannic Majesty's

's Dominions in British North America, not included within the limits set forth in the article which I have read, that renunciation being subject, however, to the proviso that " American fishermen shall be admitted to enter such bays or harbours for the purpose of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein or in any other manner whatever abusing the privileges hereby reserved to them."

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The Conference will not fail to observe that this Treaty contained no provision as respects the exercise of what may be termed "commercial rights" by American fishing or other vessels in the waters of the Colony of Newfoundland or of His Majesty's other Dominions in America.

It was not until the year 1830 that a reciprocal arrangement was entered into between the Government of Great Britain and that of the United States for what might be properly termed "commercial" relations, the Act of Congress of May 29th, 1830, providing for the opening of all American ports to certain British Colonial vessels on a mutual opening of British Colonial ports to American vessels, and a Proclamation dated the 5th of October 1830, giving effect to it on the part of Great Britain.

This arrangement would appear to have led to acts of aggression on the part of American subjects, and to a violation of the Treaty obligations of 1818, for we find that in the year 1836 the Government of Newfoundland passed a Bill, entitled, "An Act to prevent the encroachment of aliens on the "fisheries of this Colony, and for the further protection of the said fisheries" that, in the same year, the Province of Nova Scotia passed laws in respect to the seizure of American fishing vessels for trading and fishing within the 3-mile limit; and, that in the year 1838, the said province of Nova Scotia complained by address to the Queen of such aggressions, and asked for naval force to prevent them. This force was supplied by the British Government and seizures of American fishing vessels became common.

Down through the years until 1854 the same conditions applied, when on the 5th of June, 1851, a comprehensive reciprocal trade treaty was entered into between His Majesty's Government and that of the United States, under which Americans were granted the right to fish within the limits prescribed by the Treaty of 1818, under certain restrictions. That Treaty terminated in the winter of 1864, by a vote of the Congress of the United States.

Between 1864 and 1871 the policy of issuing licenses to American fishermen to fish in the waters from which they were excluded for fishing purposes by the Treaty of 1818, was adopted by the Canadian Government, and, during the year 1866, 354 licenses were issued by that Government at the rate of 50 cents per ton. The next year the license fee was increased to In 1868 $1 per ton, and the number of licenses issued amounted to 281. and 1869 the license fee was doubled to $2 per ton, and in the years 1868 The Canadian and 1869, 56 and 25 licenses respectively were taken out. Government then changed it policy and enacted exclusive laws against American fishermen forcing them to keep without the 3-mile limit.

In the year 1871, another reciprocal trade Treaty was entered into between His Majesty's Clovernment, and that of the United States, which pro- vided that, for a period of 10 years, fishermen of the United States should have, in addition to their right under the Treaty of 1818, the privilege of inshore fishing in the waters of British North America under certain limitations. In return for that privilege, it was provided that the fishery products of

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Newfoundland and of the neighbouring Dominion were to have free entry into the markets of the United States. On the 1st of July 1885, that Treaty was terminated by the Congress of the United States, and the fishing rights of United States' citizens reverted back to those outlined in the Treaty of 1818.

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One month later, namely, on the 1st of August 1886, a telegram was received by the Officer Administering the Government of the Colony of Newfoundland from the Secretary of State for the Colonies, intimating that His Majesty's Government deemed it " desirable that steps should be taken by the Government of the Colony to decide definitely on the exact nature of the proposals to be made to the Government of the United States in anticipation of the negotiations which were contemplated in view of the "termination of the temporary arrangements that were made by His Majesty's Minister at Washington with the United States Government arising out of "the termination of the fisheries articles of the Treaty of Washington of 1871, on the 30th June, 1885." The answer which was given by the Government of Newfoundland to this representation was the introduction of the Bait Act in the year 1886. The reasons that prompted the adoption of that measure were set out by the then Governor of the Colony in a despatch to the Colonial Office, bearing date 25th day of May 1886, wherein he stated that :---

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"The people of Newfoundland, like those of Canada, desire to use the right to withhold a supply of bait as a means of inducing the American Government to remove the import duties on British fish."

And again, in another despatch from Sir G. William Des Voeux to the Colonial Office, bearing date 4th of January 1887, in support of the Bait Act, which was held in abeyance by His Majesty's Government for 12 months, he stated that

"American fishermen are protected in the markets of the United States, which take all their produce by a duty of 56 cents per quintal, which is almost prohibitive to the results of British industry," and

'Though the measure, if allowed, would, to a large extent, place the fisheries in this neighbourhood within the control of the people of this Colony, they have no desire to monopolise them, and I feel satisfied that they would willingly modify the provisions of the provisions of the measure in favour of such Governments as would grant a reciprocity

I have good reason for believing that as regards the United States, the right of obtaining bait would be restored on the opening of the American markets to Newfoundland fish

in a word, the principle that the colonists desire to maintain is 'live and let live' and they merely object to that of let others live by killing us.' Following upon this despatch from Sir George Des Voeux to the Secretary of State for the Colonies, and under date the 16th June 1887, a letter was received by the representative of the Newfoundland Government, then in London, from the Office of Legation of the United States, intimating that :-

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"Should the Government of Newfoundland see fit to give notice that American fishermen be admitted to the ports of that province for the purpose of obtaining supplies, the proposal will he cordially accepted and acted upon by the Government of the United States. In that event there would be no objection on the part of the United States Governinent to entertain suggestions for an independent agreement in respect to the fisheries of Newfoundland, and if made by the authorised agents of the Imperial Government."

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Fifteenth Day.

14 May 1907.

NEWFOUNDLAND FISHERY.

(Sir R. Bond.)