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32X
TH
G01
TH
«J
PUIN1
[C.
FUllTHFJI CORllESPONDENCE
WITH
THE GOVERNMENT OF CANADA,
AND COKIIESPONDENCE WITH THE
G0VE11NMEJST8 OF PRIiNOE EDWARD ISLAND AiND
NEWFOUNDLAND,
UESPECTINO
THE TREATY OF WASHINGTON.
( fn confinwifio)/ of Pn/nr /iri!f<eiitfil Mm/, ls72.y
■I'll
i
{arceriurO to fiott) P}ouor0 of (Jarltamrnt fii.) iCommanD of l^rr iBarretij,
^^[a>J, 1872.
LONDON:
IMtlNTED 15Y WILLIAM (,'LOWES >V SONS, STAI\rFOUU STREET AND CHAUINfi CUOSS.
l-Oll llEll MA.IllSTV'S STA'llONl'.UV OiTHi,.
[C— or.7,] Price 2<L
1872.
{ iii )
SCHEDULE.
1
Kumber
in
Series.
Number nml Dute.
Subject.
Page.
CANADA.
DESPATCH FBOM THE GOVERNOR-GENERAL.
1 , July 5, 1871 (No. 126) | Concession of Fisliiug Rights to Citiz(!us of tho United States i 1
I uiulur the Treaty of Washington. j
DESPATCHES FROM THE SECRETARY OF STATE.
July 27, 1871 (No. 476) | Aclcuowleilgcs rccoipt of Address adopted liy the Legislative Coun-
cil and .\sKemMy of New Brunswick, relating to Fisliing Ri'dits
of United States' Citizens under the Treaty of Washington.
Sept. 3, 1871 (No. 503) Governments of Newfoundland and Prinee Edward Island 'no willing
; to grant United Status' Fishermen certain privileges, during the
! present season, ceded to them by the Treaty of Washington.
September .'5, 1871
(No. 501)
Treaty of Washington. Refers to Despatch of the 8rd instant, and
transmits copy of Li-tter from the Foreign Office on the subject.
NEWFOUNDLAND.
DESPATCH FROM THE GOVERNOR.
1 I July 14, 1871 (No. 55) . Observations upon the Correspondence relating to the Treaty of 3
' Washington. |
DESPATCHES FROM THE SECRETARY OF STATE,
1 Juno 17, 1871 (No. 28) , Transmits (^.py of (lie Treaty nf Wa.sliington, and suggests that
American^ Fisliermen should bo allowed the privileges granted
by it during the present season.
Sept. 8, 1871 fNo.3S) -l' Relative to the Admissi.a, (,f United States' Fishermen to nrivile<'cs
Sept. 5, 1871 (No. 39) - (1 granted hy tlie Treaty of Wikshington. °
Nov. 1, 1871 (No. 17) - I Rospocting tlie omission of tho word "Newfoundland" in Mr. Fish's
I Note of 8th May lust.
4-5
IT
SCIIEDn^E.
CORlJESPOXDEXdE BETWEEN THE COLOXIAL OFFICE AND THE FOREICA' OFFICE.
Niinilwr
ill
Series.
From whom.
.Niunlior mill Diitc
I
Snbjirt.
i-ago.
1 Tlio Fdi'cign (">tli(( t-i tlic
Ciilouial Ol!i-'i-,
2 I TIio Cdlouinl Oflici- t<. tlu
; Forci'Mi Oflicu.
3 Ditto. Ditto.
Ditto. Ditt,
5 Tlic Foroi-;ii Otlict t>i tin
, Colouiiil OiKcu.
fl Ditto. Dittu
7 Ditto. Ditto
I
■May Sf!, 1S71 Trniisniits Corn'siioniloiicf Iictwiiu Sir E. J 5
Tlii'rntuii ami Mr. V\nh i-ilativi' to the iiiinio-
iliiitc Mjiplicatii'ii of tlie stiimlatioiiM of tLo '
I Fishery Treaty. I
.fuiie j;!, ISTl Viens of Iler Majesty's Government respecting | 6
tlie \Vashiii^;toii Treaty liave been eoimiiuui- '
I vntitl to the ("loveruor-tieiural of Canada.
Ang. 21. 1^71 lieveiiiiiieiits of Ne«1oun(Uan(l anil Prince
Ivlv.ar<l Ishiiiil iigree tn nilniit TTniti'd States' '
tislieruicn to their Inshore Fisiierien iluring
] I resent season.
Aug. 21. 1S71 1,'( fns ti. Letit of evc^ii ihite, and enehiscs
('.lilies of Despatehes whieli it is proposed to '
addri^ss to (luvernors of Newfonudlaiid and |
I Prince Edward Island. I
i I
.\\\<i. '11, XHTI A)iproves Despalelies to Governor of Newlonnd- :
land and Lieul.-Govenior of Prinee Edward
1 I.-^laiid, respecting the admission of American I
(i.ihermen to Inshore Fisheries of those
1 Islands.
An;j. .'il. ISTl AdmissidU of Amerieari Fisiiermen to Iiisliorc
Fisheries of Newfoundlaud andl'rinee Kdward
j Islauil. Mr. Fish's Note to Sir B. Thornton.
Oct. 2(;, 1.S71 ' I-Aplanation of Mr. Fisli's Note of the 8th of
Slay on the siilijeet of the Fishery Stipula-
: tieiis of the Washington Treaty.
PRINCE EDWARD ISLAND.
Number
in I
Soriee. '
Niiinlicr ;ind DaU:.
Sulijoct,
I'uge.
DESPATCHES FU03I THE LrEUT.-GOYEllNOK.
i
i
1 July 12, 1871 (No. 5.1) • Admission of Anirrieaii tishermen to the privileges of Inshore 1)
! Fisheries provisionally. ■
2 .Taly 25. 1871 (No. 59) ; Tniiisip.its !\[iiiutes pr.parcd by lils Adviiicrs recording the result '.•
of their delilieratious on th(^ suliject of the Treaty of Washington.
DESPATCHES VUOM TUK SECRETARY OF STATE.
1 Juue 17, 1871 (No. 22) Transit. its Docimieiits nlating t^ the Fishery (Question, Same j 11
[ course should he pursued now as in 1^,51.
2 Aug. 8, 1871 (No. 27 1- A(bn;ssioii of Fniled States' fishermen to Inshore Fislieries of \ 12
! Prinee Edward Island.
3 ' Sept. 3, 1871 (No. 32)- Privileges <if Tiiitc d Slut, s' tlshernieii granted liy the Treaty of
Wasliiugtoii, and reti ) ee of the (Question of Money Compeusft-
I tion to Arhitration.
i Sept. 5, 1871 (No. 31)- Correspondence with the Foreign OiBoo rolativo to the Trenty of
I ] Washington.
12
12
rnge.
COREESrONDENCE
BESPECTI.NO THE
TREATY OF WASHINGTON AND THE NORTH AMERICAN
FISHERIES.
CANADA.
DESPATCH FROM THE (;oyERNOR-GEXERAL.
Page.
11
12
No. 1.
The LoPwD LisoAR to Tlie E.vul of Kimiskri.ky.
11
ASADA. j I
Canada
Xo. 1
(No. 12C.) Cacouiia, July 5, 1871.
(Kcceivcd 10th July, 1871.)
Mv Lord, ■ (Answcml, No. 17G, aVth July, 1871, piigo 2.)
At tlie request of the Privy Council of Canada, I liavo the honour to transmit,
hercM'ith, a copy of a joint Address adopted by the " Legislative Council and Assembly j^^^^
" of the Province of New Brunswick on the subject of the proposed concession of fishing — ''•
*' rights to the citizens of the United States under the Treaty of Washington."
I have, kc.
The Earl of Kimberley, (Signed) LISGAR.
&c. &c. kc.
% I
Enclosure in No. 1.
Copy of a Report of a Committee of the Honourable Pbivt Cofkcil, dated 13tli June, 1871. "
The ('ommittee of Council have liad under consideration a communication from the Lieut. -Governor of
New Brunswick, enclosing a joint Address from the Legislative Council and Assembly of that Province
on the subject of the proposed concession of fishing rights to the citizens of the United States under the
Treaty of Washington, and they respectfully advise that a copy of the same be transmitted by your
Excellency to the Ilight Honourable the Secretary of State for the Colonies, for the information of Her
Majesty's Government, as containing the views of the New Brunswick Legislature on that important
Enclosure in
No. 1.
Lajesty
qucstioa
(Certified) Wm. II. Lee,
Clerk, Privy Council, ("anada.
To His Excellency the Ilight Honourable Ba'WN LisdAii, P.C., K.C.I?., G.C.M.G., Governor-General of
the Dominion of Canada, &e., ike, &.<:.
The humble Address of the Legislative ('ouncil and House of Assembly of the Province of New
Brunswick.
May it please your Excellency, —
Having had under consideration certain provisions of the Treaty signed at Washington on the Stli day of
May instant by the respective Commissioners of Great Britain and the ll'nited States, we most respfctfiilly
sul)niit *hat so far as the same relate to the fisheries, they are not satisfactory to the people of tiiis Province,
inasmuch as while they contain no defiiiition of the existing rights and duties of the subjects and citizens of
Great Britain and the United States, and postponing all questions growing out of the exercise and enforce-
ments of such rights and duties, diey prematurely and without sufficient considerations of C'anadian
interests moving thereto, substitute for the protection to which the British fisherman is fully eiititleil by
public law, and which tlie recent enactments of the Parliament of Canada have largely secured, a policy of
unlimited and dangerous concession.
The privileges accorded to the subjects of Great Britain by the 19th and 21st Articles of the Treaty arc
by no means an equivalent for the privileges conferred on the citizens of the United States by the 18th
Article : the reciprocal privilege of fishing in certain American waters is barren and delusive, and the
2 ronni-spoNDKxcE respecting the theaty of
Canada. mndo of (lotiMiniiiini: niul aa-i)iu\tiii2 for the oxrcis in valitf of the iirivilojres iiiToriled by tlic Government
,if the I'liiti'd States is eriom'ows in iiiinciple and iinpracticablo in execution, and the considerations of
advantajje are too remote and nncertain. r , • . • i i
We woiihl le-iu'ctriillv Mil.niit that any Treaty relating to the free use of the h>iieries. and to the naviga-
tion 01 the rivers and canals of ( 'anad.i, sh.udd at the same time make such fmtiier orovi-ions (or the regii-
hifion of eoninuive and iiaviL'ation as wouhl render the same recij.rocally liencticial and satisfactory: and
we therefore hoii.- that the rarliainent of Canada will. iiiiihT existing eircnnistaiices. adhere to and carry
ont the iMillcv of protection of the fisliciy ni;lits of the Doinlnion recently ad ijited, and will refuse its as.-^ent
to the Articles of the said Treaty relatiii!; to the ti:-hcries.
We rcsiiccti'nllv nrire upon your K\celleiicy in Council the consideration of the matters lutein set forth,
and ixMMiot tliat'yonr Kxcellencv will he pleased to cause this Address to he laid before the Duniinioii
rarliameut at its next session. ,^ _
(Signed) .ToiiN S. .'^ain'ukiis.
President of the I.c;_'islative Couuell.
(Signed) i:. A. \'aii..
Speaker, 1 louse (d' Assenihly,
DESPATCHES FliO:\I 'I'lIK SECRKTAKV OF STATi:.
(No.
No. 1.
No. I.
IMv
Tin' K.\i;(, di' Ki>[i'.i:i;i,i:v to Tlic Loud Li-';ai:.
(Xo. -J 711.)
•My L'ii!i>, Dowiiiitii' Sti'oot, July 27, ]^"i.
* ],„„^, , I iiAVi: to aekiiowlcdgo your T.ofdsliii/s IX'siiatcIi, No. I 'J(!,* of ."itli iiist., (orwiird-
iiig', .It tlio vcqucst ol'tlic Privy Couiuil ol' Caiin(lii,ii copy of n joint AiUlirss, adoptod by
the Lco-islative Council and Assembly of New IJninswick, on the subject of tlie pi'oposed
concession ol' fisliing rights to tlie citizens of tlie United States, iinder the Treaty oi"
AVashington.
I have, iVc,
The Lord Lisgar, (.Sigiiedj KLMBEHLEY.
S;c. i<e. ^c.
n
No. 2.
IsTl.N'f
jKigc".
GnvcriioT. .
i;„.5'.K.li>'>'-'
lS.71.Vtui>'
lA.nil.
'-• ol-Slnt.-.
18-1. y--'-';
fouii'U.vuil
page
>o.;vi.>'i''
IS-l, I'll"''"
Jingo 1
VI.
No. 3.
No. 1'.
Tlie E.'.Kr, of Ki.miu.ri.ky to The Loiio LiH(;.\n.
(No. :iO;!.)
Mv Loiiii, Diwiiing Stri'ct, Seiifembcr .'i, 1871.
I uwv the honour to transmit to your LordsJiip, for your inlorniati m, eojiies ol
Despatihes, dated the 14th ami !i.'»t]i of .Inly, which I have received J'roni Ihe (loveriior
orNewlbundland, and from the Lieutenant-Governor of Prince Edward Lland. ajiprislng
me that tin ir riovennnents have aecedeil to the wishes of Her Alajesty's G )veruiuent that
I'liited Stales' tishennen sliould be admitted during tlie ju'csont season to tlie ])rovisi()iial
use of the ])rivileges granted to them l)y the Treaty of Washington so far as eonecrns
those Islands, together \cith copies fif tlie answers wliii'h t liave returned to thos(>
Despatclus.
I have, i^c..
The Lord Liv;ar, (Signed; KIMBKKLEV.
&c. 6cc. i^e.
N
O. o.
The Eakl of Ki.mukui.fv to The Loisn Lir^tjAi;.
(No. 501.)
My Loiii), Downing Street, Seplcmber Ti, I -7 1.
With reference to my Despatch of the .'!rd inst.,t i'orwarding copies of a c <ire-
rotoig"^''^"'' spondcnce between the trovernor of Newfoundland and the Lieuti'iiant-Governor
Ave":*H* ' of Prhicc Edward Island and myself relating to the Treaty of Washington and to the
Fisheries, I liave the honour to transmit to you, for your information, a copy of a letter
from the Foreign OITice on certain points raised in that correspondence.
t ■Snjirn.
villi) !'• **',,.
l\uAO.tto;
WASHINGTON AND TIIH NORTH AMERICAN FISHERIES.
3
I have romnmnicatod a cojjy of tlio Foreign Office? letter to tlie Crovernor of New- Canada.
foimdland and to tlie Lieutena.it-Govcnior ol" Friuce Edward Island.
I have, itc,
The Lord Lisgar, (Signed) KIMREKLEV.
A'c. &c. Sue.
NEWFOUNDLAND.
DESrATCH FROM THE GOVERNOR.
(No. .-):).)
No. 1.
Governor Ilir.r,, C.B., to The E.\ur, oi' Kimbkhley.
Newfound-
land,
No. 1.
Government House, Newfoundland, July 1 1, ISTl.
(l^.reivcd August 8, 1871.)
Mv Loitri, (Answered, No. 38, September I!, 1871, pngc^ I.)
I IIAVK the honour to acknowledo-e the ri'ceipt of jour Lordsliip's Despatch,
No. 28,* of the 17th .lune, cnclosino; cojiies of the Treaty signed at Wasllin^ton on the
Sth May liy the Joint High Commissioni'rs, which has heen ratified by Her Alajcsty and
by the President of the United States ; of the instructions to Her Majesty's High Com-
missioners, and Protocols of the Conferences held by the Commission; of two notes
which have passed between Sir E. Thornton and Mr. Fish ; and of a Dt'sj)atch — ol"
1 7th June — which your Lordship has addressed to the Governor-General of Canada
stating the views of Her Majesty's Government on these important documents.
2. I observe in the copy now befcr" me of the Desi)atch of Mr. Secretary Fish
(Sth May, 1871) to Sir E. Thornton, an omission which hilars very materially ujjon the
peculiar interests of this Colony, resi)ecting the immediate acquiescence of the Govern-
ment of Newfoundland in the opinions of Her Majesty's Government as regards the
pronii)t admission of American fishermen to the provisional use — as far as this Island is
concerned — ol' the privileges granted to them by the Treaty,
3. Respecting the immediate admission of American fishermen into British waters,
Mr. Fish writes: — "As several Articles of the Treaty which has heen signed this day
" relating to the admission of citizens of the United States to fish within the territorial
" waters of Her Britannic Majesty on the coast of Canada, Prince Edward Island, and
" Newfoundland, cannot come into full operation until the legislation contemplated in
" that instrument shall have taken place," &c. &c. And again, in writing of the restora-
tion to British subjects of certain duties by Congress, Mr, Fish observes : — " That any
" duties which may have been collected on and after the first day of July next on fish-
" oil and fish (except fish of the inland lakes and of the rivers falling into the same, and
" except fish preserved in oil), the produce of the fisheries of the Dominion of Canada
" and of Prince Et'ward Island, shall be returned and refunded to the parties paying
" the same, if a similar arrangement is made with respect to the admission into the
" British Possessions of fish oil and fish (with the like exception) being, the produce of
" the fisheries of the United States," The word " Newfoundland," included in the first
extract from Mr. Fish's Despatch, is excluded from the latter, and if intentional the
omission in question may act detrimentally towards the future acceptance of the terms
of Treaty by the Colonial Legislature.
4. My Ministers, however, to whom I have communicated the whole of the important
documents respecting the Washington Treaty, are willing to consider thii omission as
unintentional; and although anxious to obtain information on this point, have resolved
to com})ly at once with the wishes of Her Majesty's Government as regards the admis-
sion, <luring the i)resent season, of citizens of the United States to the provisional use of
the privileges granted to them by the Treaty, so far as lies within the jurisdiction of the
Government of Newfoundland to bestow,
5. There is another point in reference to the correspondence relative to the Treaty
to which my Advisers invite your Lordship's attention. The copy of Sir E. Thornton's
reply (9th May, 1871) to Mr. Fish contains, in connection with the repayment of import
duties by Congress, the following words : — " The above-mentioned Colonial Governments,
" who would be asked to grant the immediate and certain right of fishing within the
A 2
ran;,- t.
' I
i
4 COI^RESl'ONDENCE RESPECTING THE TREATY OF
Newfouto- " territorial watci-s of those Colonies, wliilst the ri'turn of the imiwrt duties on fish
LAiro. « fjo^ (],c lyt July next promised by the United States is prosprctive and contingent on
" the action of Congress." The words "on fisii oil "- following the words "that any
" duties which may have bin-u collected on and after the first day of July next "—in
Mr. Fish's note to Sir E.Thornton are in the reply thereto (from which the above
extract is taken) omitted. Tiie Executive Council beg to be advised on this head.
C. I beg to transmit to your Lordship copy of a Minute of Council, signifying assent
on the part of the ( iovernment ol Newfoundland to the request contained in your Lord-
ship's Despatch, No 28, of l/th June, respecting the Treaty of Washington.
I have, &c.,
The Earl of Kimberley, (Signed) STEPHEN J. HILL.
&C. &C. &.C.
Julv 7. ItiTl.
Knl'lr'^^nrc in
S«. 1.
No. 1.
• Vi.Io Cmii-
miiml I'niHra
[C. 'ir,v
[C. 3441, «nd
[C. 340] of
1871.
t Viilo C'flm-
inniid I'utj* V
:('. 5;i',n,
l.ii-e i.'
Enclosure in No. L
Copy of Min'ute of Council.
Council Itoom, July 7, 1871.
Ill conipliaiic- with the request inailt! by Earl Kimberley in his Despatch of l?tli June to his Excel-
lency the CJovemor, it is ajjrecd to accede thereto.
True Copy :
STErnEx J. Hill.
DESPATCHES FROM THE SECRETARY OF STATE.
No. 1.
The Earl of Kimherlky to Governor Hill, C.B.
(No. 28.)
Sir, Downing Street, June 17, 18"1.
I iiAVK the honour to enclose, herewitli, copies of the Treaty signed at Wash-
ington on May 8, by the Joint High Commissioners, which has been ratified by Her
Majesty and by the President of the United States; — of the instructions to Her Majesty's
High Commissioners, and Protocols of the Conferences held by the Commission; — of
two notes which have passed between Sir E. Thornton and Mr. Fish;* — and of a
Despatch of even date herewith,! which I have addressed to the Governor-General of
Canada, stating the views of Her INLijesty's Government on these important documents.
With reference to that part of my Despatch to Lord Lisgar which bears upon the
proposed arrangement for the immediate provisional admission of the United States'
fishermen to the colonial fisheries, I have to observe, that Her Majesty's Government are
aware that under this Treaty, as under the Convention of 1854, Newfoundland is placed
ill a somewhat different position to that of the other Colonies interested ; but they would
strongly urge upon the Government of Newfoundland that it is most desirable for the
general interests of the Empire that the same course should be pursued as in 1854, and
that the apjilication made by the United States' Government should be acceded to by
Newfoundland, so that American fishermen may be at once allowed, during the present
season, the provisional use of the privileges granted to them by the Treaty.
I have, &c.,
Governor Hill, C.B., (Signed) KIMBERLEY.
&c, «5cc. &c.
Nc. 2. No. 2.
The Earl of Kimberley to Governor Hill, C.B.
(No. 38.)
Sir, Downing Street, September 3, 187L
[•■.^cii, I HAVE tlie honour to acknowledge the receipt of your Despatch, No. 55,t of the
11th of July, communicating to me the consent of your Government to the provisional
admission of United States' fishermen during the present season to the privileges
granted by the Treaty of Washiiii^ton, so far as concerns the Colony under your Govern-
ment.
duties on fish
i contingent on
rds "that any
uly next " — in
iih tlie above
lis head,
unifying assent
in your Lord-
9n.
ST J. HILL.
.July 7, 1871.
une to his Exeol-
WASIIINGTON AND THE NORTH AMERICAN EISHEUHOS. 5
Her Majesty's Government have learnt witli mucli satisfaction tluit the Newlbundhmd Newfoikd-
Governnunt liave so willingly acceded to their wiyhes in this respect. ''^'''"-
I have dnivvii Lord (Jranville's attention to the two (luestions raised in your Despatch ~
on till' corvcsijondence which passed on this suhject between Sir Edward Thornton and
Mr. Eish.
Governor ''
is.c. isi'.
'.n
I have, &c.,
(Signed) KIMBEULEV.
No. 3.
The Eaul ok KimbivUlkv to Governor Ihu., C.13.
(No. -M.)
t^iK, Downing Street, September 5, 1S71.
With reference to my Despatch, No. 3H,* of the .'ird instnnt, in answer to youi-s of
the 14th of July,! relating to the Treaty of Washington and to the fisheries, I have the
honour to transmit to you, for your information and guidance, a copy of a letter from
the Foreign OfTico on the subject of your Despatch, and relating also to a question raised
in a Despatch received from the Lieut.-Uovernor of Prince Edward Island.
I have, (tc,
Governor Hill, (J.D, (Signed) KIMBERLEY.
iic. &c. &c.
No.
• rngo I.
t Vog'' .!•
P?ffe 8. '
IE.
No. 4.
No. 4.
lie 17, lS/1.
;ned at Wash-
itified by Her
Her Majesty's
nmission ; — of
1 ; * — and of a
lor-General of
t documents.
?ars upon the
[Jnited States'
(vernment are
land is placed
ut they would
iirable for the
5 in 1854, and
acceded to by
ig the present
IBERLEY.
)er 3, 1871.
:0. 5.0,]: of the
he provisional
he privileges
your Govern-
The Earl of Kimkkrley to Governor IIii.l, C.B.
(No. 47.)
SiH, Downing Street, November 1, 1871.
Wrni reference to your Despatch, No. 55,]; of the 1 ttii of July, and to my reply, t i'"s«:5
No. .■i8,§ of the 3rd of September, respecting the fishery stii)nlations of the Treaty of § I'^s^ '
Washington, I have the honour to transmit to you, for your information, a copy of a j-;,,p;,
Despatch received through the Foreign Office, from Her Majesty's Charge d'Afl'aires at
Washington, respecting tlie omission of the word " Newfoundland"' in Mr. Fish's note of
May Hth last, on this suijject.
I have, &c..
Governor Hill, C.B, (Signed) KIMBERLEY.
iVc. &c. &c.
CORRESPONDENCE BETWEEN THE (X)LONIAL OFFICE AND
THE FOREIGN OFFICE.
No. I.
The EoREiax Office to the Coloniai, Office.
SiK, Foreign Office, May 2(], 1871.
I AM directed by Earl Granville to transmit to you, for the information of the
Earl of Kimberley, a copy of a Despatch from Sir E. Thornton, enclosing copies of his
corres))ondence with Mr. Fish relative to the immediate application of the stipulations
of the Fishery Treaty pending its rai' ■".cation.
I am, &c..
The Under Secretary of State, (Signed) E. HAMMOND.
Colonial Office.
Enclosures in No. 1.
(No. 155.)
Mv Lord, Washington, May 12, 1871.
With reference to my Despatches, Nos. 14G and 147 of the 8th instant, I have the honour to
enclose copy of a note addressed to me by Mr. Fish, expressing the hope entertained by the Government
of the United States that Her Majesty's Government will urge the Governments of the Dominion of
of ('iinada, of Prince Edward Island, and of Newfoundland, to consent that Americiin fishermen should he
allowed to fish in the waters of the above Colonies during the coming season.
Your Lordship will observe that at the beginning of the second paragraph of the draft of the note wlich
No. 1.
-Vo.
ir,5.
Enclosures
iu Xo. 1.
■'\yt
Newfound-
land.
G CORRESPONDENCE RE^^^ECTINCT THE TREATY OP
I forwarded in my Dospatcli, No. 1 Ki, tlic followinfj words liavo lu'pn added : — " The Govorninoiit of tlie
'• United ^'tates would l)p prepared at tiie same time to admit Britisili snlijects to the right of fishing in
" the waters of tlio United States speei'i.-d in the Treaty; but '
I also enelose copy of my answer to Mr. Fish, and hope your Lordslii)) will find that his note, with the
addition above mentioned, and my answer, are in aeeordanee with tl;e terms of your Uordshij/s telegram
of !)th inst., transmitted though Marl de Grey.
His Lordship has seen both the enclosed notes, and approves of their contents.
I have, &c.,
The Earl (iranville, K.G., (.Signed) Edwakd Tuounton.
&c. &c. &e.
Sns, Department of State, Washington, May S, 1871.
As several Article-; of the Treaty wliich has been signed this day. relating to the admission of
citizens of the United States to tl?h within the territorial waters of Her Britannic ^lajesty on the coasts
of Canada, Prince Edward Island, and Newfoundland, cannot come into full operation until tlie legis-
lation contemplated iu that instrument shall have taken place, and as it seems to be in accordance witii
the interests of both (iovernments, in furtherance of the objects and spirit of the Treaty, that the titizens
of the United States should have the enjoyment of that libei'ty during the present season, I am directed
by the President to ex))iess to you bis hope that Her ULijesfy's Government will be prepared, in the event
of the ratification of tlie Treuly, to make on their own behalf, and ' o urge the Governments of the l")ominion
of Canada, of Prince Eilward" Isl.md, and of Newfoundland, to make, for the season referred to, within
their respective juriMlictions, such relaxations and regulations as it may res])ectively be in their power to
adopt, with a view to the admission of American fishermen to the liberty which it is proposed to seeun;
to them by the Treaty. The Government of the United .States would be pr(>p.u'ed at the same time to
admit British subjects to tlu right of fishing in the wateis of the Ignited States, s)H'cified in the Treaty ;
lut as the admission into the Uniteil States free of duty of any articles which are by law subject to duty
cannot be allowed without the sanction of Congress, the President will, in case the above suggestion meets
with the views of the British (iovernment, reconnnend and in-ge upon Congress at their next session, that
any duties wbi.li ..lay have been collected on and after the 1st day of .Fuly next, on fisii-oil and fish
(except lish of the inland lakes and of the rivers falling into the same, and excc])t fish pr(>served in oil), the
])roduce of the fisheries of the Dominion of t'anada and of Prince Edward Island, shall be returned and
refunded to the parties jiayini; tlie same, if a similar arrangement is made with respect to the admission
into the British ]iossessions of fish-oil and tisli (with the like exception), being the produce of the fisheries
of the United States.
I have, &c.,
Sir E. Thornton, K.C.B., (Signed) Hamilton Eisii.
&c. &c. &c.
Sir,
Washington May 0, 1871.
I have the honour to acki'jwledge the receipt of your note of yesterday's date, and to inform you
in reply that I have been authorized by Earl Granville to stati; that in the event of the ratification of the
Treaty signed yesterday, Her ^lajesty's (iovernment will be pre|)ared to reconnnend to the Governments
of the Donrnion of Canada, of Prince Edward Island, and of Newfoundland, that the ])rovisional
arrangement proposed in your note above mentioned, with regard to the right of fishing by United States'
citizens on the coasts of those British possessions and t)y British subjects in the waters of the United
States de.scribcd in Article XIX. of the Treaty, shall take efl'ect during the coming season, on the under-
standing that the ultimate decision of this question nmst rest with the above-mentioned Colonial Govern-
ments, who would be asked to grant the immediate and certain right of fishing within the territorial . a', mv
of those Colonies, whilst the return of the import duties on fish from the 1st of July next, promised by the
United Stuites, is j)ros])ective and contingent on the action of Congress.
I have, iVe.,
The Hon. Hamilton Fish, (Signed) KinvAnD TiioiiXTON.
\"e. iVe. iVc.
Sll!,
ol' AV'asIiiiii
Kiiubcrloy
Drs])atclies
Prince Edv
agi'oe to th(
during the
1 am alsc
tlieso comiT
Tlio Dos
corrcspoiidt
of May lasl
that moitth
explanation
would inlbi
he made by
elleet to tlit
Ixeiircsentat
at llalil'ax i
The Right ]
&e.
iSlK,
Wit
from the (
Island rcsp<
(lii'iH'Icd hy
(Jranvilli'',s
lilamls l)y t
TbeiJight]
No. 2.
Ho. 4\;- 1811
No. 2.
The Coi.oMAi, OFrici: to the Forkion Oi'i'in;.
Sii^, _ Downing Street, June 23, is; I.
^ I .\M directed hy the Earl of Kint})erley to transmit to yon, for the informat-on of
Earl Granville, a eojjy of a Despatch which his Lordship has addressed to the Governor-
General of Canada, conveying to him tlie views of Ifer Majesty's Ciovernment witli
respect to some of the provisions of the Treaty recently signed at Wasliington.
1 am, »Vc.,
The Right Hon. E. Ilainm-^nd, (Signed) II. T. HOLLAND.
•Sl'C. il'C. &c.
oiii,
I AM
Kiniliirlcy t
land and \a
American /it
enclosed in j
The Lliidcr .'
Coloi
rprniiicut of tlie
lit of tisliing ill
Is noti', with tlie
cl<liij)V to'.ograiu
} TUOUNTON.
May 8, 1871.
he admissiun of
ty on the coasts
until tin; lojfis-
accordaiice with
that tlie (itizeiis
I, I am directed
ed, in the event
of the dominion
Ferred to, within
1 their power to
posed to secure
10 same time to
[ in the Treaty ;
' subject to duty
iujigestion meets
lext session, tiiat
fish-oil and tish
,'rved in oil), the
be returned and
to the admission
e of the fisheries
A.MILTON TlSU.
May [\ 1871.
id to inform you
itification of the
le Governments
the provisional
United Stiites'
's of the United
n, on the under-
olonial Govern-
'rritorial . a', my
iromised by tlic
AVASTIINGTON AND TIIH NORTH AMERICAN HSIIERIK^J. 7
No. 3.
Till! OoLOxiAi, Oi'FiCK to the J'tntinGN Oiricb;.
SlK, DowiMiKj,- Sircvt, Aii<;ust '21, 1S71.
AViTit ■iclt'inic'c to tlu' corrcsiKiiKlriicc I'olod ir. tlu' n; ir:i,iii icspcctiuy,' flic 'I'rcaty
ol" AV'asliiiigtoii aiiil the North Aniericiri fisiiorlcs, 1 am liircctocl hy llic Earl ol'
Kiiuhcrlcy to transmit to you, to he laid liciorc Ivirl (irauvillc, copies of the enclosed
l)cs])atches received irom the ({(>\eriior ol' Newibiiiullaii 1. and the laeiit.-Govcriior of
Prince Edward Island. iVom which it will be seen that the Uovernmeiits ol' these Islands
ap;rec to the admission to their res^icctive inshore fisiierics of the United States' lishenueii
during the present season.
I am also to enclose copies of" the Despatches from l''e Sec;eiary o'' State, to which
these communications are replies.
The Despatch I'rom the Governor of Newfoundland raises two questions on the
corresj)ondenee which passed hetwecn Mr. I'Msh and Sir i'.. Thornton on the sth and Hth
of Alay last, copies of which were forwarded to this olfu • in your letter of the 2tlth of
that month.* Eord Kimlierley rcMjuests that Lord (Jrain ille will enable him to give an
explanation to the Governor on these points, and he would also be glad if his Lordship
would inform him whether there is any objection to the proposal '.vhich it appears is to
be ma<le by the Government of I'rince Edward Island, in the event ef the Acts to give
ellect to the 'I'rcaty being jiassed by tlie Colonial Legislatures, for the aiipointment of a
Ue])reseiitativc fr(Un that Island to give information to the Commission which is to meet
at Halifax under the 21st and 22iid Articles of the Treaty.
I am, &c.,
Tile Right Hon. E. Hammond, (Signed) ROBERT G. W irr.-inv
Ac. Ac. Ac.
Newfoumd-
L.VND.
No. 3.
V. (). t.i V. o.,
Miiy 'y,, IS71,
\«\::<- :>.
V. O. t.iF. O.,
.Iun.!-j:i, 1S71,
pa-.: ■;.
J'fMic,. 1,;,,.
'.'.'"■'■'•'lor.
No. 1.
The Coi.oMAi, Oiiu'i; to the FoitiuGX OfFicK.
Siu, Iiowning Street, August 21, ISTl.
With reference to my letter of this day's date.f forwarding cojiics of Despatches t
from the (Jovernor of Newfoundland and the Lieut. -Governor of Prince lOdward A"
Island respecting the Treaty of AVashing'.(ai and the North American fisiieries, I am '^'
diiected by the llarl of Kimbi'rley to enclose I'opies of Despatches which, wilii Earl .v
Granville's concurrence, his Lo'.(lshi[) pro[ioses to forward to the Oovernors of those j;
Islands by the mail of Friday lu'xt.
Xo. 1.
■Miprii.
'• .■;s,
'■ •■'-'.
Vni;,^
Tbe ixight Hon. E. Hammond,
\c. Ac. ^^c.
I ani, Ac,
(Sigu;d) ROBERT G'. W. HERBERT.
u Thou.vton.
No. .1.
Till- Foi;i;iciN Oi'FiCi: to the Cui.o.mai, ( i i iii
No. 5.
e23, 1M7!.
iformation of
he Governor-
riiment with
on.
OLLAND.
Silt, Foreign Odice, August ."U, 1S71.
I AM directed by Earl CJranvilh' to recpu'st that you will state to the Ivirl of
Kimbtrley that his Lorilshij) concurs in ilie Desjiatches to the Governor of Newfound-
land ai:d Lieutenant-Governor of Prince Edward Island respecting the admission of
Anu'rican lishermeii to the inshore hshcries of those Islands, and of which dralls were
enclosed in your letter of the "2Ibt iiLstant.*
The LTiulcr Fecretary of State,
Colonial Oflice.
I am, Ac,
(Signed) ODO liUSSELL.
• s
niirn.
COIUiESPONDEXrE RESPECTING THE TREATY OF
LAND.
No. C,
race T
No. :.
t Pnge ■
I
i
Kaclnsuro in
No. 7.
No, G.
The FouEiGN Office to tlie Coloxial Office.
Sir, Foreign Office, August .'51, 1871
I HAVE laid l)cf>)re Earl Granville your letter of the 21bt inst,,* '■nclosing copies of
correspondenc' witli tlic (Jovernor of Newfoundland and the Lieutenant-Governor
of Prince E''\vard Island respecting tlie i)rovisional admission ol' American fishermen
to tlie inshor ; fislicries of tliose Islands ; and I am in reply to requc t tliat you will state
to the ]''.arl ol' Kimberley tliat Lord Granville has no doubt tiiat the Government of'
Newfounilland is riglit in assuming tliat tlie omission of tl ■■ mention of Newfoundland
in the i)assage in Mr. Fish's note to Sir E. Thornton, referred to, A\as unintentional.
Her Majesty's C'liargt' d'AflJiires at Wasliington will, howevi'r, be instructed to call
Mr. Fish's attention to tlie omission as I)eing understood to be by inadvertence. His
Lordship wishes the Government of Newfoundland to be informed tint the intention of
the two notes was that, peiKlmg reciprocal legislation, in return for the immediate
provisional admission of American fishermen to the inshore (islieries, drawbacks should
be granted on the imjiort duties taken in the United States on the fish-oil and fish which
are to be hereafter admitted free for a term of years under the 2Jst Article of the
Treaty.
I am to add that, as regards the desire expressed by the Government of Prince Edward
Islfnd that some jierson should be apiminted to attend the Commission at Halifax,
it apjiears to Lord (iranville that it Mould not only be permissilde, but highly desirable,
that Prince Edward Island and the other Provinces should furnish the fullest information
before the Commission as to the value of the inshore fisheries on their coasts.
The Jlth Article of the Treaty jji-ovides that the Commissioners shall he bound
to r(?ceive such oral or written testimony as eitlier Government may present, and it Will,
consequently, be comiiefent for the Governr."'.ent of Prince I'^dward Island to send to
Halifax anv person wlu> may be selected as best capable of giving evidene on its
behalf.
I am, &c..
The Under Secretary of State, (Signed) ODO RUSSELL.
Colonial Oflicc.
No. 7.
The Foreign* Office to the Cjlcxiat, Office.
Sir, ForeignOffice, October 2(3, 1871.
Wnn reference to your letter of the 21s'.. of August* last, respecting a question
raised by the Governor of Newfoundland on 'he omission of the word " Newfoundland"
in Mr, Fish's note of May 8th last, on tl'.o t-ubject of tlie fishery stipulations of the
Washington Treaty, 1 ani directed by Eari Granville to transmit to you, for the
information of the Earl nf Kimberley, a coi)y of a Desjiatch from Her Majesty's Charge
d'Affaires at Washington explaining tlu matter,
I am, &c.,
The Under Secretary of State, (Signed) E, HAMMOND,
Colonial Office.
(No. on.)
Mv Loud,
Enclosure in So, 7.
Washington, Odober 10, 1871.
Willi reference to your Lordsfiin'.-! Dcspatcli, No. n2, of the olt^t of Aujiust, on tlie subject of tlio
omission ol' the word " Newfouiullaml ' in ."\Ir. I'l.^li's note of Miiy 8 last on the subject of tiie fishery
stipulations in the Treaty of that date, 1 hi:ve tlie lioiiour to state' that on calliufr Mr. Bancroft Davis's
nttention to the chcumstance lie at once acknowledjred the oiuis.sion, and attributed it to a clerical error,
which has now been set right tiy the note, copy of which is herewith enclosed, but which reached ine too
late for transmission by the mail of the 3rd iust.
I have, il'c,
The Earl Granville, K.G., ^(Signed) E. I'akinham.
&c, &c (iic.
StR,
Wit
contcmplitc
1st day of .
of the 8th n
In statin
present! " cj
The Hon. I
(No, 55
My Lord,
In.
of the 17tl
relative th
2. I ha'
imjiortant
fisheries pi
it aflTords i
disposed tc
Colonial o
l)resent se
Mr. Pope
liad discus!
name of II
.'!. I anti
Executive
and with c
sure that y
Edward Is
ment, as co
The Earl o
&c. i
(No. 5f),)
My Lonn,
In (
to forward
<leliberatioi
ments whi«
17th June
2. It is
i.^l, 1871
sing copies of
ant-Governor
an fishormeii
ou will stati'
ovcrnment of
ewfoundlaiul
entional.
•iicted to call
L'l'tencc. His
e intention ol"
ic immediate
/backs should
nd fish which
.rtidc of the
rince Edward
II at Halifax,
;hly desirable,
it information
ts.
lall he hound
it, and it ^\lll,
nd to send to
idcnc on its
KUSSELL.
r 26, 1871.
ng a (luestiou
ewfoundland"
ations of the
you, for the
ijesty's Charge
.\IMM()ND.
olierlO, 1871.
till! fubjoct of tlio
•pt of the fishery
l^iiiicroft Davisi's
o a cli'iical error,
reached me too
r. PAiaNHAM.
WASHINGTON AND THE NORTH AMERICAN FISHERIES. 9
Sub-Enclosure.
Sir, Department of State, Washin^'ton, September 30, 1871.
With reference to your note of the 19th Inst, relating to the omission of "Xewt'ouniUanJ" from the
contemplated continjjent proposal for remission of duties which may have been collecteil on and after the
1st day of .Fuly, 1871, on fisn-oil and Ssh the produce of cert.ain British fisheries named in Mr. Fish's note
of the 8th of May last, I have the honour to inform you that the omission was inadvertent.
In statinp: this fact, now that the fishing season has passed, I must add that no engagement " in
present! " can be assumed.
I have, &c.,
The Hon. F. Pakenhara, (Signed) J. C. B. Davib,
A'e. &c. &C. Acting Sui 'tary.
Nkwfouiid-
LAND.
Riil)-
Enclcwure.
PRINCE EDWxVRD ISLAND.
DESPATCHES FROM THE LIEUT.-GOVERXOR.
No. 1.
Lieut.-Governor Robixsox to The Earl of KiMncRLET.
■)
Government House. July 12, 1871.
(Received July 26, 1871.)
My Lord, (Answered, No. 27, August 8, 1871, pago 12.)
I HAVK the honour to acknowledge the receipt ol' your Lordship's Despatch, No. 22,*
of the l/th of .June, enclosing a copy of the Treaty of Washington and other documents
relative thereto.
2. I have had several conversations Avith the leader of my Government upon the
important question of admitting American fishermen to the jjrivileges of our inshore
fisheries provisionally and jiending the consideration ot'the Treaty by the Legislature, and
it affords me the greatest satisfaction to inform your Lordshii) that my Advisers seem
disposed to meet the views of Her Maj(>sty*s Government in the matter, and to order the
Colonial officers not to enforce the fishing laws against American fishermen during the
jircsent season. The question has not yet been formally considered in Council, Init
Mr. Pope informed me this morning that he thought his colleagues, with whom lie
had discussed it, would l)e prej)ared to concede the point which I urged upon him in the
name of Her Majesty's Government.
.']. I anticipate that the necessary instructions will he issued at the next meeting of the
Executive Council, and that I shall be in a position to address your Lordship in detail,
and with certainty, \\\Hm the subject by the mail of this day fortnight. Meanwhile I am
sure that your Lordship will be gratified at the probability of the Government of Prince
Edward Island responding ])romi)tly and loyally to the wish of Her Majesty's Govern-
ment, as conveyed to me in your Lordship's Despatch under acknowledgment.
I have, itc,
(Signed) WILLIAM liOBINSON,
The Earl of Kimherley, Lieut -Governor,
ic. &c. &c.
No. 2.
Lieut.-Governor RoniNSON to The Eart- of Kimrerlet.
(No. .59.)
Prince
EliW.MlD
Island.
No. 1.
Tftge II.
IIu.2.
Government House, July 25, 1871.
(Kocoivod, August 8, 1871.)
My Lord, (AnRworcd, i; .. 32, September 3, 1871, piigo 12.)
In continuation of my Despatch, No. Hry* oi the I'ith lust., I have now the honour
to forward a Minute prepared by my Advisers, in v hicli they record the result of their
deliljerations on the subject of the Treaty of Wasliington and the other important docu- ^^^'''-'£?'.
ments which were forwarded to me witli your Lordship's Despatch, No. 22,f of the t ^f^" "
17tli June last,
2. It is statetl in the Minute that " tlic different Governments and Legislatures of this
B
• Rii|)rii.
Jlly ;,
10
COHRESPONDENCE RESPECTING THE TREATY OF
Fbikce
Edwabd
Island.
" Colony have always hoped that these fisheries" (the fisheries of Prince Edward Island)
" would have done much to secure the advantages of another Reciprocity Treaty, or of
" some tariff concessions authorizing the free admission " (into the United States) " of the
" products of our agriculturists, who form tlie majority of our j)opulation, and which
" would have resulted in pro.notiiig tlie prosjjcrity of the Colony ; " and that in the
opinion of the Council the inhabitants of Prince Edward Island are now asked "to
" surrender to the citizens of the United States these invaluable fisheries withont
" receiving, in return, any just or fair equivalent such as was hoped to be obtained."
In deference, however, to the strongly expressed wish of Iler Majesty's Government in
the matter, the Committee of the Executive Council (without giving any pledge as to
the ultimate action of the Legislature) recommend " that the aj)plication made by the
" United States* Government be acceded to, so that American fishermen may be at once
" allowed, during the jiresent season, the jjrovisional use of the privileges granted to them
" by the Treaty ;" and I have the honour to report tliat the Custom House officers were
yesterday instructed to discontinue the enforcement of the fishery laws for the present
season and until further orders.
3. I caused the I'nited States' Consul at this port to be notified accordingly, and I
simultaneously dispatched a similar notice to Sir Edward Thornton by telegraph.
4. I may add that in the event of the Acts ut.'cessary to give effect to the Treaty being
passed by the Legislature of Prince Edward Island, my Government will apply to your
Lordship for iwrmission to send a representative to Halifax for the purpose of conferring
with the agent of the Iini)erial Government, whose ai)})ointment is provided for in the
concluding ])aragra])h of Article 2.i of the Treaty, and of urging upon him the claims of
this Island to a just share, proportionate to the value of our fisheries, of whatever com-
pensation may l)e awarded as an ec^uivalent for the privileges which the colonists are
asked to surrender. My Government are, of course, aware that Great Britain and the
United States are to be rejjresented before the Halifax Commission each by one agent
only, but tliey believe that it would be competent to Her Majesty's Government to
authorize the Imperial agent as aforesaid to receive information on the subject of our
fisheries from a representa!'\»' to be aj)pointed by the Government of Prince Edward
Island ; and this, should the Legislature assent to the Treaty, is what my Government
hope that your Lordshij) will be pleased to accord.
5. I am confident that your Lordshij) will receive with much satisfaction the inti-
mation contained in this Despatch, and that the j)rompt and loyal action of the Govern-
ment of Prince Edward Island will predispose Her Majesty's Government to comply, as
far as possible, with any reasonable reij^uest which my Advisers may consider it to
be tljeir duty to prefer.
The Earl of Kimberley,
.&c. &c. &c.
of this IslaiK
receiving in
his Despatcl
" bond tliroi
" of Lake i:
" privileges
" obtain."
Valuable
Prince Edw;
into the mar
trade is now
States of the
of this l8lan(
the United S
19 and 21 tt
be ^iveii to t
tlie Earl
" is perhap
"not seem t
"years in co
" of licences
"several yea
" tlie use of
"States, eve
The Com I
use of the fis
*o induce tii
extremely lo
obstacle in tl
I'liited State
thejirivilejiei
The Coil
to American
but merely i
matter, — anc
Stiites' Govei
season, the p
on the piu-t o
they feel that
Adopted ii
I have, &c.,
(Signed) WILLIAM ROBINSON,
Lieut.-Goveruor.
Enoloturo in
No. 2.
Enclosui'e in No. 2.
Council Chamber, July 17, 1871.
At a meeting of a Committee of the Executive Council of Prince Edward Island — present. The lion.
Mr. Pope, tlie lion. Mr. Colonial .Secretary, the Hon. Mr. Attoniey-Geuenil, the lloii. Mr. Owen, the
Hon. Mr. Kichards :
Tlie ( 'oiiimltt(!e of Council having under consideration Des))atch, No. 22, dated at Downing Street, the
ITth of .Tune, 1871, from the Right Hmi. Earl of Kiiiibei'ley, Her Majesty's IVinciiial Secrotiiry of State for
the Colonies, to his Honour l.ieiiteiiaiit-tiovernor Robinson, toi;eliier witli coiiies of the Treaty signed at
Wasliiiigton on the eiglith day of .May, and of jirntocols of the coiiferenci^s lield by the Commission, of two
notes which have passed between Sir Edward TlunMiton and Mr. .Sicrctary 1' isii, and of a Desiiatcli
adch'essed to the (jovernoi-Oeneral of • 'anada, statii'g the views of Her Majesty's Governineiit on tliese
iniportant documents, Her Majesty's (iovi'niiiieiit in the Despatch first refenvil to strongly urge upon
the (iovenniient of tiiis Island that, for reasons stated in the Des|)ateh from the Earl of KimlHirley to
Lord Lisgar, the same cniirse should be pursued as in 18,jl, and the application miule by the United
States' (;ov(!nniieut acceded to by Prince Edward Island, so that American fishermen may be at once
allowed, during tiie present season, the provisional use of tlie iirivih'ges granted to them by the Treaty.
Have respectfully to submit that Prince Edward Inland is the most fertile and productive Province in
British North America, in ]iroportiou to its extent that the natural market for its principal ))roduction8
is to be found in the United States, as was ver) satisfactorily proved during tlie continuation of the
llecijirocity Treaty of IS,")! ; that the tisiieries of this Island arc the best and most valuable in America,
and are mucl ajiiireciateil by the tishernicn of tiie United States; that the ditl'erent Governments and
Legislatures of tiiis ( 'olony have always hojied tlirt these lisheries wimld have done much to secure the
advantiiges of another Reciprocity Treaty, or of some tariff concessions authorizing the free admission of
the jiroducts of our agrienltnrists, who form the majority of our population, and which would have resulted
iu promoting tlie prosperity of the Colony. That by the Treaty now under conbiJeratiou, thu iububiUats
(No. 22.'
SlU,
I n.
on May St!
and by tiit
Commissio
which hav
date here«
views of 1
With re
proposed ;
fishermen
strongly ui
in the Des
by the Un
that A met
sional use
Lieut.-Gov
WASHINGTON AND THE NORTH AMERICAN FISHERIES.
11
Iward Island)
Treaty, or of
tates) " of the
11, and which
1 tliat in tlie
w asked "to
LM'ies without
be obtained."
overnment in
pledge as to
made by the
iiy be at once
in ted to them
ofiicers were
r the present
lingly, and I
■graph.
Treaty being
])ply to your
of conferring
ed for in the
the claims of
liatever com-
colonists are
tain and the
jy one agent
vernment to
ibject of our
ince Edward
Government
ion the iuti-
the Govern-
j comply, as
>nsidcr it to
131NS0N, ,
;ruor.
ly 17, 1871.
eat, Tlie lion,
kir. Owen, the
iiig Street, the
iiry of State for
Oiity signed at
iiissioii, of two
f a De8j)atch
Hoiit oil these
L'ly urire upon
KinilK!rK;y to
hy the Uiiited
iiy he at once
he Treaty,
e I'rovhu'i! in
ill produetions
uuation of the
ie in Ainoriea,
wrniiieuts and
to secure the
J admission of
have resulted
lie iuhabituuts
of this Island are asked to surrender to the citizens of the United States these invaluable fisheries, without
receiving in return any just or fair equivalent such as Wiis hoped to he obtained. The Earl of Kimberlcy, in
his Despatch to Lord Lisgar, alludes to " the great importance to Canada of the right to convey goods in
" bond through the United States, which has been secured to her by Article 20, and the free navigation
" of Lake Michigan under Article 28, and the power of transshipping goods under Article 30, as valuable
" privileges which must not be overlooked in framing an estimate of the advantages which Canada will
" obtain."
Valuable to Canada as may be these privileges, the Committee submit that they do not at all affect
Prince Edward Island. That the chief benefit to this Island would be the admisi-ion of fish and fish-oil
into the markets of the United States, and this would not be generally felt by the j)eople, inif-niuch ns this
trade is now principally in the hands of a few American citizens. That the surrender by the United
States of the right of fishing down to the SUth degree of latitude is comparatively worthlesii'to the people
of this Island, and as the United States' Government assert that the privileges accorded to the citiaens of
th(! United States under Article 18 of this Treaty are of no greater value than those accorded by Articles
19 and 21 to the subjects of Her Britannic Majesty, the amount of any money comjiensation that would
be given to this Island would be insignificant.
The Earl of Kimberley, in his Despatch to Lord Lisgar, says, " In some respects a direct money payment
" is perhaj)s a more distinct recognition of the rights of the ('olonies than a tariff concession, and there does
" not seem to be any difference in principle between the admission of American fishermen for a term of
"years in consideration of the payment of a sum of money in gross, and their aduimission under the system
"of licences calculated at so maiij dollars per ton, which was adopted by the Colonial Government for
"several years after the termination of the Reciprocity Treaty. In the latter case it must be observed
" tlie use of the fisheries was granted without any tariff concession whatever on the part of the United
" States, even as to the importation of fish."
The Committee submit that a commercial arrangement with liie United States in consideration of the
use of the fisheries would have been most accept<\ble, but as the Eoyal High Commissioners were unable
*<} induce the American Government to change its commercial policy, the people of this Island bi'ing
extremely loyal^ and devotedly attached to British institutions, would be most unwilling to throw any
obstacle in the way of an amicable settlement of all causes of difierence between Great Britain and the
United States, and would, therefore, willingly accept any re;isonable money com])ensation, in addition to
thejirivileges granted, as an equivalent ; but under the Treaty nothing of the kind is guaranteed them.
The Committee deem it to be their duty further to state that the system referred to of granting licences
to American fishermen for a money consideration v. as never approved of by the Government of this Island,
but merely sanctioned in deference to the strongly expressed wish of the British Goveniment in the
matter, — and for the same reason the Committee now recommend that the a])plication made by the United
St<ites' Government be acceded to, so that American fishermen may be at once allowed, during tJie present
season, the provisional use of the privileges granted to them by the Treaty, without any pledge, however,
on the ptu't of the Government that the Legislature will pass the Acts to give effect to the Treaty, in which
they feel that the interests of Prince Edward Island have not been fairly cousidsred.
Adopted in Council, July 2i, 1871.
(Certified) Wilu.iji C. Des Bhisay,
Assititaut Clerk, Executive Council.
PniNCE
ElJWAIlU
IiiLANl).
DESPATCHES FROM THE SECRETARY OF STATE.
No. 1. No. 1.
The Eakl of Kimbeui.ey to Lieut.-Govemor Robinso.v.
(No. 22.)
Siu, Downing Street, June 17, 1871.
I iiAVK the honour to enclose herewith copies of the Treaty signed at Washington
on May Sth by the Joint High Commissioners, wliidi has been ratified by Her Majesty
and by the President of the United States ; — of the instructions to Her Majesty's High
Gmmiissioners, and Protocols of the Conferences held by the Commission ;* of two notes • vi.i. c„m-
M hich have passed between Sir E. Thornton and Mr. Fish,t and of a IX'sj)atcli of even ['^rgl;]]"''""
date herewith,! which I have addressed to the Governor-General of Canada, statuig the re. ;ii4]iun(i
views of Her Majesty's Government on these important documents. mf.*^^"^
With reference to" that part of my Despatch to Lord Lisgar which beai-s upon the ^ i.„j,,, r..
])roi)()sed arrangement lor the immediate jjrovisional admission of the United States' ♦ yi.i.
fishermen to the Colonial fisheries, I have to observe that Her Majcs-ty's Governmcnit ^'.'^^J;;'"
strongly urge upon the Government of I'rince Edward Island that, for the reasons stated [c. :);w',_
in the Desjiatch, the same course should be pursued as in 18;V1, and the application made ^P"'' '*"
by the United States' Govermnent should be acceded to b) Prince Edward Island, so
that American fishermen may be at once allowed, during the i)reseut season, the provi-
sional use of the privileges granted to them by the Treaty.
I have, &c.,
Lieut.-Governor Robinson, (Signed) KIMBERLEY.
&c. &c. &c.
iiiuikI
I'd
Pbtnct!
EnwAUD
Island.
No. 2.
t Page 11.
No. 3.
! rnKO 9.
12
(No. 27.)
Sin,
CORRESPONDENCE RESPECTING THE TREATY, *c.
No. 2.
The E.vRL OF KtMBKRLKY to Licut.-Govcmor Romxsox.
Downing Street, August 8, 1871.
I HAVE received your Dcspateh, No. ^5,* of 12th ult., acknowledging mine of the ;?
17th June,t in whidi I ibrwarded to you a copy of the Treaty of Washington. |
I have learnt, witli much satisfaction, that your Government are likely to accede so |
promptly and readily to the wislies of Her Majesty's Government, tliat tlic United States' ^
fishermen should ije admitted provisionally to tlie inshore fisheries of Prince Edward
Island during the present season. M
I have, frc, "
Lieut.-Governor Robinson, (Signed) KIMBEKLEY.
&c. &:c. &c.
No. 3.
The E.VRL OF KiMBEKLET to Licut.-Govcmor ROBIN'SOy.
(No. 32.)
Si I!, Downing Street, Septemher .3, 1871.
I HAVE the honour to acknowledge the receipt of your Despatch, No. r)l),J of the
2.")th of July, communicating to me the consent of your Government to tlie provisional
admission of United States' fishermen during the ])resent season to the privileges ;
fjranted by the Treaty of Wasliington so far as concerns the Colony under your govern- j
ment. Her Majesty's Ciovernment have learnt with much satisfaction that the Prince i
Edward Island Government have so willingly acceded to their wishes in this respect. I
'W'itli regard to the observations contained in the Minute of Council which you have
foiwarded, to the effect tliat the Prince Edward Island Government would readily!
accept any reasonable money compensation in addition to the privileges granted as
an equivalent, but that under tlie Treaty nothing of the kind is guaranteed, I do!
not understand why the Prince Ivlward Island Government should object to the '
relcrence of the question of the money compensation to arbitration, which seems to
he tlic I'airest way of determining such a point, more especially as the fact stated in the
Minute, that the rights of fishing conceded by the United States are comparatively
worthless, is, it must be jiresumed, cai)able of distinct proof. I will communicate with
Lord Granville as to the wisli of your Government, in the event of the Act necessary
to give effect to the Treaty lieing jiassed, to appoint a representative to give information
to the Commission which is to meet at Halifax.
I have, &-C.,
l.ieut.-Governor Roliinson, (Signed) KIMBERLEY.
&c. &c. &c.
No. 4.
No. 4.
The Earl of Kimberley to Lieut.-Governor Robinsox.
(No. 31.)
Siu, Downing Street, Septemher 5, 1871.
§ Supm. With reference to my Despatch, No. 32,§ of the .'?rd inst., in answer to your?
lir,igo9. of the 2r)tli July,|| relating to the Treaty of Washington and to the fisheries, I have
Qjgco the honour to transmit to you, for your information and guidance, a copy of a letter
*\H^^' !><■'*• from the Inireign Office on the subject of your Despatch, and relating also to questions
(^■"vsSn""*'' raised in a Despatch received from the Governor of Nen-foundland.
lliu'
1*6'^
.8.
Lieut.-Governor Rol)inson,
&c. Ac. &c.
I have, A'c,
(Signed) KIMBERLEY.
m
LONDON:
PBINTKD DT WII.IIAM rUJWFS ANIl RONS, hTAMFOUD BmEET AKT) CnARISQ 0H068,
Foil HUH MAJijrrv'a stationehy okficb.
1st 8,1871.
g mine of the
ton.
r to accede so
Jnited Slates'
•ince Edward
[BERLEY.
i
)er3, 1871.
0. m,% of the
le provisional
he privileges
your govern-
at the Prince
1 this respect,
lich you have
rould readily
?s granted as
an teed, I do
object to the
lich seems to
t stated in the
comparatively
nunicate with
Act necessary
e inl'ormatioi'
[BERLEY.
)er 5, 1871.
5wer to yours
leries, I have
)y of a letter
3 to questions
[BERLEY.
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