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Si
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MESSAGE
VROM THE
PRESIDENT OF THE UNITED STATES,
TRANSMITTINO
A treaty between the United States and Great Britain concerning the inter-
pretation of the convention of October 20, 1818, signed at Washington
February 15, 1888.
February 20, 1888.~Read, treaty I'ead tbo first time, referred to tho Comraittee on
Foreign Relations, and, together with tho message and the accompanying docn-
nients, ordered to be printed in confidence for the use of tbe Senate,
To the Senate of the United States :
In my anuiial message transmitted to tbe Congress iu December, 1886,
it was stated that negotiations were then pending for the settlement
of the questions growing out of the rights claimed by American fisher-
men in British Korth American waters.
As a result of such negotiations a treaty has been agreed upon be-
tween Her Britannic Majesty and the United States, concluded and
signed in this capital, under my direction and authority, on the 15th of
February instant, and which I now have the honor to submit to the
Senate, with the recommendation that it shall receive the consent of
that body, as provided in the Constitution, in order that the ratifica-
tions thereof may be duly exchanged and tho treaty be carried into
efiect.
Shortly after Congress had adjourned in March last, and in continu-
ation of my efibrts to arrive at such an agreement between the Govern-
ments of Great Britain and the United States as would secure to tho
(iitizens of the respective countries the unmolested enjoyment of their
just rights under existing treaties and international comity in the terri-
torial waters of Canada and of Newfoundland, I availed myself of
opportune occurrences indicative of a desire to make without delay an
amicable and final settlement of a long-standing controversy — produc-
tive of much irritation and misunderstanding between the two nations —
to send through our minister in London i)roposals that a conference
should take place on the subject at this capital.
The experience of the past two years had demonstrated the dilatory
and unsatisfactory consequences of our indirect transaction of busi-
ness through the foreign office in London, in which the views and wishes
of the Government of the Dominion of Canada were i)ractically pre-
dominant, but were only to find expression at second hand.
9
RELATIONS WITH CANADA.
To obviate tbis inconvenience and obstruction to prompt and well-de-
fined settlement, it was considered advisable that the negotiations
should be conducted in this city, and that the interests of Canada and
Newfoundland should be directly represented therein.
The terms of reference having been duly agreed upon between the
two Governments, and the conference arranged to be held here, by vir-
tue of the power in me vested by the Constitution, I duly authorized
Thomas F. Bayard, the Secretary of State of the United States, Will-
iam L. Putnam, a citizen of the State of Maine, and James B. Angell,
a citizen of the State of Michigan, for and in the name of the United
States, to meet and confer with the plenipotentiaries representing the
Government of Her Britannic Majesty, for the purpose of considering
and adjusting in a friendly spirit all or any questions relating to rights
of fishery in the seas adjacent to British North America and Newfound-
land which were in dispute between the Governments of the United
States, and that of Her Britannic ]V|ajesty, and jointly and severally to
conclude and sign any treaty or treaties touching the premises ; and I
herewith transmit for your information full copies of the power so given
by me.
In execution of the powers so conveyed, the said Thomas F. Bayard,
William L. Putnam, and James B. Angell, in the month of November
last, met in this city the plenipotentiaries (f Her Britannic Majesty,
and proceeded in the negotiation of a treaty as above authorized. After
many conferences and protracted eflfbrts an agreement has at length
been arrived at, which is embodied in the treaty which I now lay before
you.
The treaty meets my approval, because I believe that it supplies a
satisfactory, practical, and final adjustment, upon a basis honorable
and just to both parties, of the difficult and vexed question to which it
relates.
A review of the history of this question will show that all former
attempts to arrive at a common interpretation, satisfactory to both
parties, of the first article of the treaty of October 20, 1818, have been
unsuccessful ; and with the lapse of time the difficulty and obscurity
have only increased.
The negotiations in 1854, and again in 1871, ended in both cases in
temporary reciprocal arrangements of the tariffs of Canada and New-
foundland and of the United States, and the payment of a money award
by the United States, under which the real questions in difference re-
mained unsettled, in abeyance, and ready to present themselves anew
just as soon as the conventional arrangements were abrogated.
The situation, therefore, remained unimproved by the results of the
treaty of 1871, and a grave condition of affairs, presenting almost
identically the same features and causes of complaint by the United
States against Canadian action and British default in its correction,
confronted us in May, 188G, and has continued until the present time.
The greater part of the correspondence which has taken place be-
tween the two Governments has heretofore been communicated to Con-
gress, and at as early a day as possible I shall transmit the remaining
portion to this date, accompanying it with the joint protocols of the
conferences which resulted in the conclusion of the treaty now submit-
ted to you.
You will thus be fully possessed of the record and Wstory of the case
since the termination, on June 30, 1885, of the fishery articles of the
Treaty of Washington of 1871, whereby we were relegated to the pro-
Tisious of the treaty of October 20, 1818.
BELATI0K8 WITH CANADA.
11
>es : and I
As the documents and papers referred to will supply full information
of the positions taken under my administration by the representatives
of the fJnited States, as well as those occupied by the representatives
of the Government of Great Britain, it is not considered necessary or
expedient to repeat them in this message. But I believe the treaty
will be found to contain a just, honorable, and, therefore, satisfactory
solution of the difficulties which have clouded our relations with our
neighbors on our northern border.
Especially satisfactory do I believe the proposed arrangement will
bo found by those of our citizens who are engaged in the open sea fish-
eries, adjacent to the Canadian coast, and resorting to those ports and
harbors under treaty provisions and rules of international law.
The proposed delimitation of the lines of the exclusive fisheries from
the common fisheries will give certainty and security as to the area of
their legitimate field; the headland theory of imaginary lines is aban-
doned by Great Britain, and the specification in the treaty of certain
named bays especially provided for gives satisfaction to the inhabit-
ants of the shores, without subtracting materially from the value or
convenience of the fishery rights of Americans.
The uninterrupted navigation of the Strait of Ganso is expressly and
for the first time affirmed, and the four (purposes for which our fisher-
men under the' treaty of 1818 wore allowed to enter the bays and har-
bors of Canada and Newfoundland within the belt of three marine miles
are placed under a fair and liberal construction, and their enjoyment
secured without such conditions and restrictions as in the past have
embarrassed and obstructed them so seriously. ,
The enforcement of penalties for unlawfully fishing or preparing to
fish, within the inshore and exclusive waters of Canada and Newfound-
land is to be accomplished under safe-guards against oppressive or arbi-
trary action, thus protecting the defendant fishermen from punishment
in advance of trial, delays, and inconvenience and unnecessary expense.
The history of events in the last two years shows that no feature of
Canadian administration was more harassing and injurious than the
compulsion upon our fishing vessels to make formal entry and clearance
on every occasion of temporarily seeking shelter in Canadian ports and
harbors.
Such inconvenience is provided against iu the proposed treaty, and
this most frequent and just cause of complaint is removed.
The articles permitting our fishermen to obtain provisions and the
ordinary supplies of tradidg vessels on their homeward voyages, and
under which they are accorded the further and even more important
privilege on all occasions of purchasing such casual or needful pro-
visions and supplies as are ordinarily granted to trading vessels, are of
great importance and value.
The licenses which are to be granted without charge and on applica-
tion, iu order to enable our fishermen to enjoy these privileges, are
reasonable and proper checks in the hands of the local authorities to
identify the recipients and prevent abuse, and can form no impediment
to those who intend to use them fairly.
The hospitality secured for our vessels in all cases of actual distress,
with liberty to unload and sell and transship their cargoes, is full and
liberal.
These provisions will secure the substantial enjoyment of the treaty
riglits for our fishermen under the treaty of 1818, for which contention
has been steadily made in the correspondence of the Department of
'l
3 il
¥1
12
RELATIONS WITH CANADA.
State, and our ministor at London, and by tbe American negotiators
of the present treaty.
The right of onr fishermen under the treaty of 1818 did not extend to
the procurement of distinctive fishery supplies in Canadian ports and
harbors; and one item supposed to be essential, to wit, bait, wus plainly
denied them by the explicit and definite words of tho treaty of 1818,
emphasized by the course of the negotiation and express decisions which
preceded the conclusion of that treaty.
The treaty now submitted contains no provision aifectiug tariff du-
ties, and, independently of the position assumed upon the part of the
United States, that no alteration in our tarilT or other domestic legisla-
tion could be made as the price or consideration of obtainiug tho rights
of our citizens secured by treaty, it was considered more expedient to
allow any change in the revenue laws of the United States to be made
by the ordinary exercise of legislative will, and in promotion of the
public interests. Therefore, the addition to the free list of fish, fish-oil,
whale and seal oil, etc., recited in the last article of the treaty, is wholly
left to the action of Congress ; and in connection therewith the Cana-
dian and Newfoundland right to regulate sales of bait and other fish-
ing supplies within their own jurisdiction is recognized, and the right
of our fishermen to freely purchase these things is made contingent, by
this treaty, upon the action of Congress In tho modification of onr tariff
laws.
Onr social and commercial intercourse with those populations who
have been placed upon our borders and made forever our neighbors is
made apparent by a list of United States common carriers, marine and
inland, connecting their lines with Canada, which was returned by the
Secretary of tho Treasury to the Senate- on the 7th day of February,
1888, in answer to a resolution of that body ; and this is instructive as
to tho great volume of mutually profitable interchanges which has come
into existence during the last half century.
This intercourse is still but partially developed, and if the amicable
enterprise and wholesale rivalry between the two populations be not
obstructed, the promise of the future is full of the fruits of an un-
bounded prosperity on both sides of tho border.
The treaty now submitted to you has been framed in a spirit of liberal
equity and reciprocal benefits, in the conviction that mutual advantage
and convenience are the only permanent foundation of peace and friend-
ship between States, and that with the adoption of the agreement now
placed before the Senate, a beneficial and satisfactory intercourse be-
tween the two countries will be established so as to secure perpetual
peace and harmony.
In connection with the treaty herewith submitted I deem it also my
duty to transmit to the Senate a written offer or arrangement, in the
nature of a modus vivendi, tendered after the conclusion of the treaty
on the part of the British plenipotentiaries, to secure kindly and peace-
ful relations during the period that may be required for tho considera-
tion of the treaty by the respective Governments and for the enactment
of tho necessary legislation to carry its provisions into effect if ap-
proved.
This paper, freely and on their own motion, signed by the British
conferees, not only extends advantages to oar fishermen, pending the
ratification of the treaty, but appears to have been dictated by a
friendly and amicable spirit.
I am given to understand that the other governments concerned in
this treaty will, within a few days, in accordance with their methods of
RELATIONS WITH CANADA.
18«
conductiug public bnsincss, submit said treaty to their respective le;;-
islaturcs^ when it will bo nt once published to the world. Id view of
such action it appears to be advisable that, by publication .h«ro, early
iiud full knowledge of all that has been done in the premises should
bo afforded to our people.
It would also seem to bo useful to inform the popular mind con-
curning the history of the long continued disputes growing out of
the subject embraced in the treaty and to satisfy the public interests
touching the same, as well as to acquaint our people with the present
status of the questions involved, and to give them the exact terms of
the proposed a^ustment in place of the exaggerated and imaginative
statements which will otherwise reach them.
I therefore beg leave respectfully to suggest that said treaty and all
such correspondence, messages, and documents relating to the same as
may be deemed important to accomplish these purposes be at once made
public by the order of your honorable body.
Geover Cleveland.
Executive Mansion,
February 20, 1888.
Whereas difft^rences have arisen concerning the interpretation of
Article I. of the Convention of October 20, 1818 j the United States of
America, and Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, being mutually desirous of removing all causes of
misunderstanding in relation thereto, and of promoting friendly inter-
course and good neighborhood between the Uhited States and the
Possessions of Her Majesty in North America, have resolved to con-
chide a Treaty to that end, and have named as their Plenipotentiaries,
that is to say :
The President of the United States, Thomas F. Bayard, Secretary of
State; William L. Putnam, of Maine; and James B. Angell, of Mich-
igan:
And Her Majesty the Queen of the United Kingdom of Great Britain
.and Ireland, The Eight Hon. Joseph Chamberlain, M. P., ^ho Honor-
able Sir Lionel Sackville Sackville West, K. 0. M. G., Hoi i-ritannic
Majesty's Envoy Extraordinary and Minister Pleni potential/ to the
United States of America; and Sir Charles Tapper, G. C. M. G., C. B.,
Minister of Finance of the Dominion of Canada ;
Who, having communicated to each other their respective Full Pow-
ers, found in good and due form, have agreed upon the following arti-
cles:
Abtigle I.
The High Contracting Parties agree to appoint a Mixed Commission
to delimit, in the manner provided in this Treaty, the British waters,
bays, creeks, and harbors, t f the coasts of Canada and of Newfound-
land, as to which the United States, by Article I. of the convention of
October 20, 1818, between the United States and Great Britain, re-
nounced forever any liberty to take, dry, or cure fish.
Akticle II.
The Commission shall consist of two Commissioners to be named by
her Britannic Majesty, and of two Commissioners to be named by the
President of the United States, without delay, after the exchange of
ratifications of this Treaty.
14
ft£LAtI0K8 WlTfi 0A17ADA.
V I
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The Coiuiuisaloii sbuU meet aiul complete tbe delimitation as ROOQ 08
possible thereafter.
In case of the death, absence, or incapacity of any Commissioner, or
in the event of any Gommissioner omitting or ceasing to act as such, the
President of the Uoited States or ller Britannic Majesty, resi)ectively,
shall forthwith name another person to act as Commissioner instead of
the Gommissioner originally named.
Article III.
The delimitation referred to in Article I. of this Treaty shall be marked
upon British Admiralty charts by a series of lines regularly numbered
and duly described. The charts so marked shall, on the termination of
the work of the Commission, be signed by the Commissioners in quad-
ruplicate, one copy whereof shall be delivered to the Secretary of State
of the United States, and three copies to Her Migesty's Government.
The delimitation shall be made in the following manner, and shall be
accepted by both the High Contracting Parties as applicable for all
purposes under Article I. of the Convention of October 20, 1818, be-
tween the United States and Great Britain.
The three marine miles mentioned in Article I. of the Convention of
October 20, 1818, shall be measured seaward from low water mark ; but
at every bay, creek, or harbor, not otherwise specially provided for in
this Treaty, such three marine miles shall be measured seaward from a
straight line drawn across the bay, creek, or harbor, in the part nearest
the entrance at the first point where the width does not exceed ten
marine miles. ^^
Article IV.
At or near the following bays the limits of exclusion under Article I.
of the Convention of October 20, 1818, at points more than three marine
miles from low water mark, shall be established by the following lines,
namely :
At the Bale des Chaleurs the line from the Light at Birch Point on
Miscou Island to Macqucreau Point Light ; at the Bay of Miramichi,
the line from the Light at Point Escuminac to the Light on the Eastern
Point of Tabisintac Gully j at Egmont Bay, in Prince Edward Island,
the line from the Light at Cape Egmont to the Light at West Point ;
and oft" St. Ann's Bay, in the Province of Nova Scotia, the line from
Cape Smoke to the Light at Point Aconi.
At Fortune Bay, in Newfoundland, the line from Counaigro Head to
the Light on the South-easterly end of Brunet Island, thence to For-
tune Head J at Sir Charles Hamilton Sound, the line from the South-
east point of Cape Fogo to White Island, thence to tbe North end of
Peckford Island, and from the South end of Peckford Island to the
East Headland of Eagged Harbor.
At or near tbe following bays tbe limits of exclusion shall be three
marine miles seaward from the following lines, namely :
At or near Barrington Bay, in Nova Scotia, the lino from tbe Light
on Stoddard Island to tbe Light on tbe south point of Cape Sable,
thence to the light at Baccaro Point ; at Chedabucto and St. Peter's
Bays, tbe line from Cranberry Island Light to Green Island Light,
thence to Point Rouge ; at Mira Bay, tbe line from tlie Light on tbe
East Point of Scatari Island to tbe North-easterly Point of Cape
Morien j and at Placentia Bay, in Newfoundland, tbe line from Latine
Point, on the Eastern mainland shore, to tbe most Southerly Point of
MLktlOlSB mm OAKAt>A.
15
Q as Roott as
UlmI ImIsumI, thcnco by the most Southerly Point of Merosbeen Island
to the miiinland.
Loii^ Island and Bryor Island, at St. Mary's Bay, in Nova Scotia,
Hball, tor tho purpose of delimitation, be taken as the coasts of sach
bay. J
Article V.
Nothing in this Treaty shall be construed to inclade within tho com-
mon waters any such interior portions of any bays, creeks, or harbors
as can not be reached from the 6ca without passing within the three
marine miles mentioned in Article I of the Convention of October 20,
1818.
Article VI.
Tho Commissioners shall from time to time report to each of the
High Contracting Parties, such lines as they may have agreed upon,
nninbcred, described, and marked as herein provided, with quadrupli-
cate charts thereof; which lines so reported shall forthwith from time
to time be simultaneously proclaimed by the Iligh Contracting Parties,
and be binding after two months from such proclamation.
Article VII.
Any disagreement of the Commissioners shall forthwith be referred
to an Umpire selected by the Secretary of State of the Ui^ited States
and Her Britannic Majesty's Minister at Washington ; and his decision
shall be final.
Article VIII.
Each of the High Contracting Parties shall pay its own Commis-
sioners and officers. All other expenses jointly incurred^ in connection
with the performance of the work, including compensation to the Um-
pire, shall be paid by tho High Contracting Parties in equal moieties.
Article IX.
Nothing in this Treaty shall interrupt or affect the free navigation of
the Strait of Canso by fishing vessels of the United States.
' Article X.
United States fishing vessels entering the bays or harbors referred to
in Article I. of this Treaty shall conform to harbor regulations common
to them and to fishing vessels of Canada or of Newfoundland.
They need not report, enter, or clear, when putting into such bays or
harbors for shelter or repairing damages, nor when putting into the
same, outside the limits of established ports of entry, for the purpose of
purchasing wood or of obtaining water; except that any such vessel re-
maining more than twenty-four hours, exclusive of Sundays and legal
holidays, within any such port, or communicating with the shore therein,
may be required to report, enter, or clear; and no vessel shall be ex-
cused hereby from giving due information to boarding officers.
They shall not be liable in any such bays or harbors for compulsory
I)ilotage ; nor, when therein for the purpose of shelter, of repairing
damages, of purchasing wood, or of obtaining water, shall they be lia-
ble for harbor dues, tonnage dues, buoy dues, light dues, or other simi-
IG
UFXATI0N8 WITH CANADA.
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Itir duos; but lUU euumcruthni hIiuII not porniit other cUargos incon-
HJoteDu with the enjoyment of the liberties reserved or secured by tbo
Convention of Oetobor 20, 1818.
Article XI. '
United States fishing vessels entering the ports, bays, and harbors
of the Eastern and ^Northeastern coasts of Canada or of the coasts of
Newfoundland under stress of weather or other casualty may unload,
reload, tranship, or sell, subject to customs laws and regulations, all
fish on board, when such unloading, transsliipment, or sale is made
necessary as incidental to repairs, and may replenish outfits, provisions
and supplies damaged or lost by disaster; and in case of death or sick-
ness shall be allowed all needful facilities, including the shipping of
crews.
Licenses to ))urchase in established ports of entry of the aforesaid
coasts of Canada or of Newfoundland, for the homeward voyage, such
provisions and supplies as are ordinarily sold to trading vessels, shall
be granted to United States fishing vessels in such ports, promptly
upon application and without charge; and such vessels, having obtained
licenses in the manner aforesaid, shall also be accorded upon all occa-
sions such facilities for the purchase of casual or needful provisions
and supplies as are ordinarily granted to the trading vessels; but such
provisions or supplies shall not be obtained by barter, nor purchased
for re-sale or traffic. '
Article XII.
Fishing vessels of Canada and Newfoundland shall have on the At-
lantic coast of the United States all the privileges reserved and secured
by this Treaty to United States fishing vessels in the aforesaid waters
of CaViada and Newfoundland.
Article XIII.
The Secretary of the Treasury of the United States shall make regu-
lations providing for the conspicuous exhibition by every United States
fishing vessel, of its official number on each bow ; and any such vessel,
required by law to have an official number, and failing to comply with
such regulations, shall not be entitled to the licenses provided for in
this Treaty.
Such regulations shall be communicated to Her Majesty's Govern-
ment previously to their taking effect.
Article XIV.
The penalties for unlawfully fishing in the waters, bays, creeks, and
harbors, referred to in Article I of this Treaty, may extend to for-
feiture of the boat or vessel, and appurtenances, and also of the sup-
plies and cargo aboard when the offense was committed ; and for pre-
paring in such waters to unlawfully fish therein, penalties shall be
fixed by the court, not to exceed those for unlawfully fishing ; and for
any other violation of the laws of Great Britain, Canada, or Newfound-
land relating to the right of fishery in such waters, bays, creeks, or
harbors, penalties shall be fixed by the court, not exceeding in all
three dollars for every ton of the boat or vessel concerned. The boat
or vessel may be holden for such penalties and forfeitures.
RELATIONS WITH CANADA.
17
1 make regu-
nited States
such vessel,
Bomply with
vided for in
;y's Govern-
creeks, and
tend to for-
of the sup-
and for pre-
ies shall bo
Dg ; and for
Newfound -
», creeks, or
ding in all
The boat
The proceedings shall be sammary and as inexpensive as practicable.
Tlio trial (except on appeal) shall be at the place of detention, nnless
the judge shall, on request of the defense, order it to bo held*at some
other place adjudged by him more convenient. Security for costi shall
not bo required of the defense, except when bail is offered. Seasonable
hail shall be accepted. There shall be proper appeals available to the
dofenHO only ; and the evidence at tho trial may be used on appeal.
Judgments of forfeiture shall be reviewed by the Governor-General
of Canada in Council, or the Governor in Council of Newfonndland,
before the same are executed.
Article XV.
Whenever the United States shall remove tho duty from fish-oil,
whale-oil, seal-oil, and Ash of all kinds (except fish preserved in oil),
hcing the produce of fisheries carried on by the fishermen of Canada and
Newfoundland, including Labrador, as well as from the usual and nec-
essary casks, barrels, kegs, cans, and other usual and necessary cover*
ings containing the products above mentioned, the like products, being
the produce of fisheries carried on by the fishermen of the United
States, as well as the usual and necessary coverings of tho same, as
above described, shall be admitted free of duty into the Dominion of
Canada and Newfoundland.
And upon such removal of duties, and while the aforesaid articles are
allowed to be brought into the United States by British subjects, without
duty being reimposed thereon, the privilege of entering the ports, bays,
apd harbors of the aforesaid coasts of Canada and Newfoundland shall
be accorded to United States fishing vessels by annual licenses, free of
charge, for the following purposes, namely:
1. The purchase of provisions, bait, ice, seines, lines, and all other
supplies and outfits ;
2. Transshipment of catch, for transport by any means of conveyance ;
3. Shipping of crews.
Sup])lies shall not be obtained by barter, but bate may be so obtained.
The like privileges shall be continued or given to Ashing vessels of
Canada and of Newfoundland on the Atlantic coasts of the United States.
Article XVI.
This Treaty shall be ratified by the President of the United StateSt
by and with the advice and consent of the Senate; and by Her Brit-
annic Majesty, having received the assent of the Parliament of Canada
and of the Legislature of Newfoundland; and the ratifications shall
be exchanged at Washington as soon as possible.
In faith whereof, We, the respective Plenipotentiaries, hg^ve signed
this Treaty, and have hereunto affixed our seals.
Done in duplicate, at Washington, this fifteenth day of February, in
the year of our Lord one thousand eight hundred and eighty-eight.
T. F. Bayard
William L. Putnam.
James B. Angell.
J. Chamberlain.
L. S. Sackville West.
Charles Tupper.
9020 2
SEAL.
SEAL.
SEAL.
SEAL.
SEAL.
SEAL.
r
t
I '
I
i:
I'
^ ill
18 RELATIONS WITH CANADA.
■ ■ ' • • ' ■ f • ■
PEOTOCOL OF FISHERIES CONFERENCE.
Washington, November 22, 1887.
The Fisheries Couference having formally met, the Full Powers of the
Plenipotentiaries were exhibited and found to be in good and due form,
as follows:
Geover Cleveland, President of the United States of America. To
all to whom these presents shall come, Greeting :
Know ye that, reposing special trust and confidence in the integrity
and ability of Thomas F. Bayard, Secretary of State; William L. Put-
nam, of Maine; and James B. Angell, of Michigan; I hereby invest
them with full power jointly and severally, for and in the name of the
United States, to meet and confer with Plenipotentiaries representing
the Government of Her Britanio Majesty, for the purpose of consider-
ing and adjusting in a friendly spirit all or any questions relating to
rights of fishery in the seas adjacent to British North America and
Newfoundland which are in dispute between the Government of the
United States and that of Her Britannic Majesty, and any other ques-
tions which may arise and which they may be authorized by their re-
spective governments to consider and adjust; and I also fully em-
power and authorize tlie said Thomas F. Bayard, William L. Putnam,
and James B. Angell, jointly and severally, to conclude and sign any
treaty or treaties touching the premises, for the final ratification of the
President of the United States, by and with the advice and consent of
the Senate, if such advice and consent be given.
In testimony whereof, I have caused the seal of the United States to
be hereunto affixed.
Given under ray hand at the City of Washington this eighteenth
day of November, in the year of our Lord one thousand eight
[SEAL.J hundred and eighty-seven, and of the Independence of the
United States, the one hundredth and twelfth.
Grover Cleveland.
By the President :
T. F. Bayard,
Secretary of State.
Victoria R. & I. Victoria, by the Gra^e of God, of the United King-
dom of Great Britain and Ireland, Queen, Defender of the Faith, Empress^
of India, &c., &c., &c., To All and Singular to whom these Presents shall
come. Greeting !
Whereas for the purpose of considering and adjusting in a friendly
spirit with Plenipotentiaries to be appointed on the part of Our Good
Friends The United States of America all or any questions relating to
rights of Fishery in the seas adjacent to British North America and
Newfoundland which are in dispute between Our Government and that
of Our said Good Friends, and any other questions which may arise
which the respective Plenipotentiaries may be authorized by their Gov-
ernments to consider and adjust. We have judged it expedient to invest
fit persons with Full Power to conduct on Our part the discussions in
this behalf. Know Ye therefore that We, reposing especial trust and
confidence in the wisdom, loyalty, diligence, and circumspection of Our
Right Trusty and Well beloved Councillor Joseph Chamberlain, a Mem-
ber of Our Most Honorable Privy Council, and a Member of Parliament,
RELATIONS WITH CANADA.
19
America. To
ited iStates to
jEYELAND.
&c., &c. J of Our Trusty and Well beloved Tlio Honorable Sir Lionel
Sackville Sackville West, Knight Commander Of Our Most Distin-
guished Order of St. Michael and St. George, Our Envoy Ejjtraordi-
iiary and Minister Plenipotentiary to Our said Good Friends the
United States of America, &c., &c., and of Our Trusty atul Well be-
loved Sir Charles Tupper, Knight Grand Cross of Our Most Distin-
guished Order of St. Michael and St. George, Companion of Our Most
Honorable Order of the Biith, Minister of Finance of the Dominion
ol' Canada, &c., &c., have named, made, constituted, and appointed,
as We do by these Presents name, make, constitute and appoint them
Our undoubted Plenipotentiaries: Giving to them, or to any two of
them, all manner of power and authority to treat, adjust, and conclude,
with such plenipotentiaries as may be vested with similar power and
authority on the part of Our Good Friends The United States of
America, any Treaties, Conventions, or Agreements that may tend to
tlio attainment of the above mentioned end, and to sign for Us and
in Our Name, everything so agreed upon and concluded, and to do and
transact all such other matters 9s may appertain to the finishing of the
aforesaid work in as ample manner and form, and with equal force and
oHiciency as We Ourselves could do if Personally present: Engaging
and promising upon Our Koyal Word that whatever things shall be so
transacted and concluded by Our said Plenipotentiaries shall be agreed
to, acknowledged, and accepted by Us in the fullest manner, and that
VVe will never suffer, either in the whole or in part, any person whatso-
ever to infringe the same, or act contrary thereto, as far as it lies in Our
Power. In witness whereof We have caused the Great Seal of Our
United Kingdom of Great Britain and Ireland to be aflBxed to these
Presents which We have signed with Our Eoyal Hand. Given at Our
Court at Balmoral the twenty-fourth day of October in the year of Our
Lord one thousand eight hundred and eighty-seven, and in the fi:fty-
first year of Our Beigu.
The British Plenipotentiaries proposed that Mr. Bayard, Secretary of
State of the United States, should preside.
Mr. Bayard, while expressing appreciation of the proposal, stated
the opinion, in which the other United States Plenipotentiaries con-
curred, that it was not necessary that any one should preside; and the
proposal was permitted to rest.
Mr. John B. Moore, Third Assistant Secretary of State of the United
States, acting as Secretary to the United States Plenipotentiaries, and
iMr. J. II. G. Bergne, C. M- G., Superintendent of the Treaty Depart-
ment of the British Foreign Office, acting as secretary to the British
Plenipotentiaries, were requestetl to make the Protocols of the Confer-
ence.
After some discussion of questions before the Conference, it was ad-
journed to 12 o'clock m. of the 28th of November.
PEOTOCOL.
The treaty having been signed by the British Plenipotentiaries de-
sire to state that they have been considering"the position which will be
created by the immediate commencement ttf the fishing season before
the Treaty can possibly be ratified by the Senate of the United States,
by the Parliament of Canada, and the Legislature of Newfoundland.
N;
*' III
20
EELATIONS WITH CANADA.
In the absouce of sflch ratification the old conditions which have given
rise to so much friction and irritation might be revived, and might in-
terfere with the unprejudiced consideration of the Treaty by the legis-
lative bodies concerned.
Under these circumstances, and with the further object of affording
evidence of their anxious desire to promote good feeling and to remove
all possible subjects of controversy, the British Plenipotentiaries are
ready to make the following temporary arrangement for a period not
exceeding two years, in order to afford a " modus vivendi " pending the
ratification of the Treaty.
1. For a period not exceeding two years from the present date, the
I>rivilege of entering the bays and harbors of the Atlantic coasts of
Canada and Newfoundland shall be granted to United States fishing
vessels by annual Licenses at a fee of $1^ per ton — for the following
purposes :
The purchase of bait, ice, seines, lines, and all other supplies and
outfits. «
Transshipment of catch and shipping of crews.
2. If during the continuance of this arrangement, the United States
should remove the duties on fish, fish-oil, whale and seal oil (and their
coverings, packages, &c.,), the said Licenses shall be issued free of charge.
3. United States fishing vessels entering the bays and harbors of the
Atlantic coasts of Canada or of Newfoundland for any of the four pur-
poses mentioned in Article I. of the Convention of October 20, 1818,
and not remaining therein more than twenty-four hours, shall not be
required to enter or clear at the custom house, providing that they do
not communicate with the shore.
4. Forfeiture to be exacted only for the offences of fishing or prepar-
ing to fish in territorial waters.
5. This arrangement to take effect as soon as the necessary measures
can be completed by the Colonial Authorities.
J. Chamberlain.
L. S. Saokville West.
Chables Tuppee.
Washingtorij February 15, 1888.
U ^ PEOTOCOL.
The American Plenipotentiaries having received the communication
of the British Plenipotentiaries of this date conveying their plan for
the administration to be observed by the Governments of Canada and
Newfoundland in respect of the Fisheries during the period which may
be requisite for the consideration by the Senate of the Treaty this day
signed, and the enactment of the legislation by the respective Govern-
ments therein proposed, desire to express their satisfaction with this
manifestation of an intention on the partof the British Plenipotentiaries,
by the means referred to, to maintain the relations of good neighborhood
between the British Possessions in North America and the United States;
and they will convey the communication ofthe British Plenipotentiaries
to the President of the United States, with a recommendation that the
same may be by him made known to the Senate for its information,
together with the Treaty, when the latter is submitted to that body for
ratification.
T. F. Bayard.
William L. Putnam.
James B. Angell.
WasMngtoUj February 16, 1888.
an-
V
yf
b.
licli have given
, and migbt in-
ty by the legis-
ct of affording
and to remove
)otentiaries are
r a period not
\i " pending the
esent date, the
antic coasts of
L States fishing
r the following
!r supplies and
3 United States
il oil (and their
id free of charge.
1 harbors of the
of the four pur-
ctober 20, 1818,
xs, shall not be
ag that they do
jhing or i>repar-
jssary measures
lELAIN.
viLLE West.
TUPPEE.
! communication
g their plan for
3 of Canada and
Briod which may
Treaty this day
jpective Goveru-
Faction with this
lenipotentiaries,
od neighborhood
le United States;
Plenipotentiaries
ndation that the
its information,
[to that body for
YARD.
I L. Putnam.
(. Anoell.
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