Court of Arbitration the Hague

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ARBITRATION OF
APRIL 4 ,
AGREEMENT OF JANUARY 2 7 , 1 9 0 9 , BETWEEN
THE
UNITED
S t a t e s .
Protocols o f th e A r b i t r a t i o n .
Award o f the Tribunal, a nd Dissenting Opinion o f Dr. Drago on Question
F i v e .
VOLUME I I :
Case
o f the United
S t a t e s ( T r e a t i e s ,
Stat
Correspondence).
VOLUME
ms
Part I I o f the Appendix t o the Case o f the United S t a t e s (Correspond
e n c e ) .
VOLUME IV:
Case o f Great B r i t a i n .
Parts
o f the Appendix
a nd
the
Case
o f Great Britain ( S t a t u t e s ) .
VOLUME VI:
Counter Case
the United S t a t e s .
Appendix t o the Counter Case o f the United S t a t e s .
VOLUME VII:
Counter Case o f Great B r i t a i n .
Appendix t o the Counter Case o f Great B r i t a i n .
VOLUME
VIII:
Printed Arguments o f the United S t a t e s a nd Great B r i t a i n .
VOLUME
IX:
Part I o f the Oral Arguments b ef ore th e Permanent Court ( S i r Robert
Bannatyne
F i n l a y ,
Great Britain; Ho nor ab l e G eo rg e
Turner, United
VOLUME X:
S .
Britain;
Honorable
Samuel
J .
United
VOLUME XI:
Part I I I o f the Oral Arguments before t h e Permanent Court ( S i r Wi l l i am
Snowdon Robson,
VOLUME XII:
Appendices t o th e Oral Arguments b ef ore th e Pe rma n e nt C ourt
I n d e x e s .
i n
ON THE 27TH DAY OF JANUARY. 1 9 0 9
N o t e .—T h e r e a l s o a p p e a r s
i n
t h i s v o l u m e t h e a g r e e m e n t o f
J u l y 2 0 ,
1 9 1 2 ,
b e t w e e n t h e Governments o f t h e U n i t e d
S t a t e s
a n d
G r e a t B r i t a i n .
8/18/2019 Court of Arbitration the Hague
P a g e .
a nd
Argument, V o l . X, p . 617) 1355
( B . ) Note on r e g u l a t i o n s
r e f e r r e d
t o by S i r Wi l l i am Robson, July
2 5 , 1 9 1 0 .

XI,
p .
1362
( C . ) Statement o f s p e c i f i c provisions o f c e r t a i n
l e g i s l a t i v e
a nd executive
Acts o f N e wf o un dl a nd a n d C an ad a
c a l l e d t o
the a t t e n t i o n o f the
Tribunal b y the United S t a t e s
f o r
a c t i o n pursuant t o a r t i c l e s 2
a nd 3 o f the s p e c i a l agreement o f January 2 7 , 1 9 0 9 . (See Ora l
Argument, V o l . XI, p . 1017) 1369
(D.) N ote on l e g i s l a t i o n as t o l i g h t dues
a nd customs
r e g u l a t i o n s referred
t o
b y
Robson, July
2 9 ,
r e s p e c t i n g
the Award o f the Halifax Fisheries Com
m i s s i o n , 1 8 7 8 .
( Se e Or al
1379
( F . ) Letter from Mr. Anthony S t . J n o . Baker t o Lord Castlereagh, No
vember 2 8 . 1 8 1 5 . ( See Or al Argument, V o l . XI, p . 1131) 1395
( G . )
o f
t o
a nd
r e g u l a t i o n s
t o
which o b j e c t i o n
i s
Oral Argument,
1395
(H.) Memorandum submitted on behalf o f the United S t a t e s , showing
the
recognised
a nd
i n
express
s t i p u l a t i o n i n order t o
e x e r c i s e authority over a l i e n s enjoyingr e a t y r i g h t s o f
commerce,
t r a d e , r e s i d e n c e , & c . ( See Ora l
Argu
p . 1226) 1396
( I . ) Russian-Japanese Convention concerning f i s h e r i e s , 1 9 0 7 . (See Oral
Argument, V o l . XI, p . 1224) 1404
( J . ) Memorandum submitted b y the United States i n
r e p l y t o abstract
o f s t a t u t e s , proclamations, & c . ,
f i l e d b y
Great B r i t a i n .
(See
Oral
Argument, V o l . XI, p . 1237) 1 4 0 9
Jennings
1421
(K.)
Extracts
from
French
correspondence
concerning
the
nature
o f the French t r e a t y r i g h t s i n
Newfoundland.
1422
United
States
Court o f Arbitration 1427
* Th e p a g e r e f e r e n c e s u n d e r t h i s s e c t i o n
a r e t o
t h e p a g e s
o f t h e o r i g i n a l
p u b l i c a t i o n ,
which a r e shown i n s e t i n t h i s
p u b l i c a t i o n . A l l
o t h e r r e fe re n c e s a re
t o t h e
r e g u l a r
p a g i n a t i o n .
vn
P a g e .
Mr. Chandler P . Anderson t o the Secretary o f S t a t e , August 3 , 1912 2376
Text
George
Winter
2537
J o h n S .
Ewart
2401
Samuel
J .
Elder 2383

(A) .
NOTES
FROM
LETTERS
AND
DESPATCHES
OF
VOL.
1 853.
Lord C astlere ag h to His Majesty's Commissioners a p p o i nte d to
negotiate at Gh ent.
July
28 ,
to tr ea t d ir ectl y f or
peace w it h Great Britain, the Prince Regent h a s thought
f i t to
His
Royal
Highness
service in
b e e n
the se d i scus si o ns
shall take place
at G h e nt , to which town you will repa i r with
th e
least practicable
delay. I
th e Prince Regent to
convey
to
you,
th e f o l l o w i n g instructions
f or
as they have b e en r ed uce d
into
positive
stipulations,
i n d e p e n d e nce
of
America
You
will ob serve th a t th es e instru
ments
b e b i n d i n g in
consequence
state
b e considered as th e
territorial
a
peace,
except
so
f a r as th e same may b e mo di f ied by any new treaty.
You may assure th e American
Commissioners
Government, whatever sense i t may entertain of th e
causes
of
th e
rupture, i s sincerely desi rous of a permanent ad justment of a l l
di f
and that
this desire
i s not a b at e d by the successful
termina
tion
of
author
ised
to
meet w it h f r a n k n e s s and conciliation whatever propositions
th e
American negotiators
may
b e p r e p a r e d to o f f e r ,
f or
Ministers ca n anticipate
appear
to class themselves under
th e four f ol l ow in g h ea ds : (1), th e que sti on s mainly affecting our
maritime rights and
these re a lms to cl a im
and enforce in
war th e
(2),
a re
th e regula
tion of th e frontier, to p r e v e nt hereafter, as
f a r
as possible, jealousy
or collision; and (4), th e ques ti on o f th e fishery.
You
will
American
nego
tiators
are
p r e p a r e d to enter upon a
final arrangement on a l l
these
to b e
so
comprehensive , you will c a l l upon them to state what a re
th e
points
on which they a re a l one e n a b l e d to treat; and you will f orthw ith
communicate
the
same
to
this
ascertain,
as
as possible,
th e v i e w s of th e American C o mmi s s i on e rs , w i th o ut
committing your Government. In doing t h i s , you will, in th e ea rl y
stage of the negoti a ti ons , con f i ne yourselves to such v e r b a l communi
cation
as
may
appear
to
you
best
calculated
to
th e
i t s true b e a ri n g.
That you
to
sound
of the
American
Commiss io n ers , I deem i t proper to furnish you with some
general
observations on th e points at issue; and, f i r s t , w ith respect to th e mari
time
question, you will e n d e a v o r to
ascertain whether th e American
negotiators have
to propose
f or o b v i a t i n g h ere
after th e a l l eg ed a buses of which
they complain ,
The
enclosed
British Govern
recede
from
their
own
sub
You will endeavour to ascertain whether the American Govern
ment i s disposed prospectively to desist from their
extr a va g a nt
pre
b e
dev i sed to relieve their
d i f f i c u l t i e s as
to
of
indulgence towards
i n d i v idu a ls who may have
actually
and
bona
fide
acts
of
naturalisation.
T h i s might b e effected by stipulations, w it h
out b r i n g i n g
th e question
s i d e .
The r ig ht
board American
me rch a nts hi p s ca n n e v e r
b e gi v en up,
e v e n
regulation
whatsoe ve r ; but,
i f th e American negotiators have any regulations to p ro po se te nd i ng
to check
The
d i f f i c u l t i e s , h o w e v e r , of
f i ndi ng a satisfactory
exped ie nt may
render i t desira b le to wave
this discussion altogether, i f other points ca n b e adjusted. To this
th e
the
ques
tion to b e practically set at rest by th e return
of
to
rule
of
war
of
own
think f i t
to a v ert
to i t , you will assert th e pri nci pl es upon which th e British Gov
ernment
the legality, as
this
rule.
Should
b e f ore
have no authority
to enter into discussion, on this question, and that you ca n o n l y re
Upon th e subject of th e
Indians, you will
a full
their
limits
entering into arrangements,
which may h er ea f te r p la ce their
mutual relations with each other
as
well
as
nations, upon a
footing
of l e s s jealousy and irritation. This may b e
best effected by a mutual guar antee of th e Indian
possessions,
th e peace a g a i nst encroachment on
th e
Much of th e
as
connected
with
Indian
produced
In d i a n s
resentful and discontented, and w h ich , by g r a du a l l y
approximating
th e American and British settlements, g i v e s both
States
The best
prospect
of
future peace a p p e a r s to b e that th e two Gov
ernments s h ou l d r e g a r d th e Indian territory
as
a us ef ul b a rr ie r b e
tween b oth
States,
to p r e v e n t collision ; and that, having a g r e e d mu
tually to respect th e integrity of their territory, they have a common
interest
as f a r as possi b le peaceful
n e i g h b o u r s
to
British
Government i s desi rous of rev i si ng th e frontier
between
th e two
States, not in th e spirit o f co nque st or d om i n i o n , b ut upon principles
which they consider to b e strictly
defensive,
of
which
was v e r y hastily and i m p r o v i d e n t l y framed in this respect, from th e
intention so publicly and recently avowed in th e Acts and proclama
tions issued by
annexing
by
conquest
th e Canadas to their dominions. This p l a n becomes th e more alarm
ing,
in
they have possessed themselves of Louis i a n a
and a p a r t of b ot h th e F l o r i d a s in th e
midst
of
peace,
Spain was
f or h e r existence.
But th e point,
th e
with
relation to th e f i s h e r i e s .
You will o bs e r v e
th at th e th i rd
article
of
that
which
sea
a permanent o b l ig a
tion, b e i n g a r ecog ni ti on o f th e
general
to
frequent
and
take
The latter
a mere co n
ventional arrangement between th e two States, a nd , as such, to have
b e e n annulled by th e w a r . T h i s p a r t of th e treaty h a s b e e n found
to b e
productive of so
concede
to th e Americans any accommodation w i t h i n th e Br iti sh sovereignty,
except
upon th e p ri nci pl e of
a r e as on a b l e e qui v a l en t
in frontier or
FISHERIES ARBITRATION.
otherwise; i t b e i n g quite clear that, by the law of nations, th e sub
jects of a f orei gn State have no right
to
f i s h w i t h i n th e maritime
jurisdiction,
much
to
that e f f e c t .
In
from
entering
upon the commercial relations between th e two States, not wishing to
cl og th e
your discussions. It
may b e
wording
of any article f or th e termination of h o s t i l i t i e s ,
so
to
frame i t as to make them cease and determine, not upon th e signature
of the treaty, b ut upon i t s actual acceptance and ratification, w ithout
alteration,
American
Government.
The d i f f i c u l t i e s which
have arisen w ith
s u f f i
ciently e x p l a i n th e necessity
of
this
precaution.
As
soon
as
you
have
ascertained
a re
furnished, and
have reported to me the spirit in which they appear to you disposed
to
conduct
the
time,
with
more
preci se i n structi ons f or th e
direction
of
&c.
Castlereagh.
to th e
H,
18
H.
My Lord and Gentlemen, Your despatch, with i t s enclosures, of
th e
9th, from Gh ent, h a s b e e n received and l a i d b e fo r e th e Prince
Regent. It a p p e a r s from
th e
American
Commiss io n ers , that, upon two out of th e four points
referred to in your
and
fourth,
their
part,
suggested
three
i t
a l l
other questi ons a r
r an ged , to s ig n a treaty of peace, upon th e distinct understanding
that th e ri ght of fishing and drying w it h i n th e Bri ti sh jurisdiction
does not th ereb y of ri ght revive. Their mode of receiving your
remarks
on
this
head
seems
to
th e matter
also room
f or
further explanation. You will o b s e r v e that
this
subject,
in
your
instructions,
into
two
propositions:
(1 )
d i a n s b e i n g
included
in
peace; (2) such an arrangement of limits,
a s , w h i l st i t secures to
th e
th e
conclude ; a nd ,
th e sec
ond poi nt might possib ly not have b e e n
foreseen,
yet
unaccountable, upon th e
f i r s t ,
th at th e American Government s h ou l d
have
left
th e n eg oti a to rs w ithout instructions,
inasmuch as
suppose
would
listen
to a separate pea ce, to the excl usi on of
th e Indians, who have acted with them as a l l i e s during th e w a r .
But
upon
w ith
any u t i l i t y , in the present imperfect state
of
the
in possession,
th e whole seems to turn upon th e poi nt you have so p r o p e r l y sug
gested, v i z . , whether
th e
upon
themselves
agreement upon
th e
negotiators shall have received instructions upon these
points. I f , on th e contrary, upon a cand id explan ation of th e
principles
upon
which
Great
agreement,
at
once exchan g ed , i f th e American Government shall th ink
f i t to conf irm th e act of their Commiss io n ers . The British
Govern
ment cannot better evince their cordial desire f or p ea ce th a n by p l ac
i ng
You will, with this
v i e w ,
c a l l th e
attention
I
am
these
deliberation,
as to
th e f i s h e r i e s ,
do
illustration
of t h i s , you may remark that, upon th e
f i r s t of th e Bri ti sh
points,
we a re n ot di sposed to insist upon any
express
stipulation
and
l ea v e th e
questions
therein
r e s t , as
heretofore,
upon
any
stipulation
upon
th e
th e
retaliatory measures to which th e British Government was o b l ig e d
to have recourse in th e late war a g a i nst France, we a re not aware of
any
difference
law of
American
Com
missioners shall b r i n g forward anything specific on this
or
any other
subject, i t will b e th e duty of th e
British
consider i t ;
b ut there seems no adequate motive on ei th er si de f or e ncour a g i n g
a bstract discussions of this nature,
w h ic h ,
gone
at
express
stipulations
upon
a s well as upon th e poi nts of
blockade, &c.
of
b e
to o peremptory in discouraging, at th e outset, the smallest ex
p ecta ti on s o f any restitution of captures made under the Orders
in Council. There may b e claims on b oth sides of an o r d i n a r y d e
scription, i n v o l v i n g
no
Govern
and
upon
b ut
these
cases a re p r o b a b l y
of a v e r y
limited e x
tent,
on
seems better n ot
of
to th e third po int—lthoug h th e
British
Government will b e p r e
pared to enter into i t , w it h e v e ry desire to come to an understand
ing,
they
do
p r in
ciples i s th e British Government r e a d y to
terminate
b ound ar i e s
and th e In d i a n s
—
pared
fixed p ri n ci pl e s a s
th e
a r t i c l e , th e discussion
of
details
Upon th e po int of
frontier,
of th e
lakes,
from Lake Ont a r i o to Lake Superior, b oth inclusive,
to b e
tinent, th e least
offensively,
and
th e most e x p o s e d
to
Britain
considers
e nti tl ed to cl a im
th e use of those l akes as a military barrier. It i s quite o b v i ous that
a b o un da r y- l i ne , e qua l l y d i v i d i n g these waters, with a right in each
State
lakes and
to
create
a perpetual contest f or na va l a sce nd
ency,
in
peace
as
well
b e deprecated by both Governments. It becomes, therefore, neces
sary, f or the sa ke of peace, to decide to which Power these w aters
shall, in
sense, exclusively b e l o n g ; a nd ,
f or
th e rea sons
a b o v e stated, G r e a t Britain considers that
sh e i s
To g i v e practical operation to th is
principle
i t seems n ece ss a ry th a t
th e Power
have th e
which
prepared
as
th e
lakes, and as territory, a s s uch , i s by no means the
object
they have in
v i e w , they will b e d is posed to l e a v e th e sovereignty of th e s o i l undis
turbed, a nd , as incident to
i t ,
the free commercial n a v i g at i o n of the
lakes, as
United States, p r o v i d e d
th e
to construct
a limited
th e shores, or
maintain or construct any armed vessels upon th e lakes in question
or
upon
between
Lake Super io r
and th e Mississippi, and on th e side of l o w e r Canada, such a line of
d em a rc at i o n as may establish a direct line of communication between
Quebec
and H a l i f a x . The free
n a v i g a t i o n of th e
Mississippi must
also b e p r o v i d e d
f or
made.
With respect to th e Indians, you will repeat that their b e i n g e x
pressly
included i n the peace i s considered to b e a sine qua non; a n d ,
limits, th e
i s pre
pa red, a s th e least ob jectionab le arrangement to th e United States, to
take th e Treaty
as a
b a sis f or negotiation ; and having a g r e e d as to th e g en er a l b o un da r i es ,
to
stipulate,
mutually
any
acquisition, by purchase, on th e pa rt of either State.
I trust
that this
outline will
further
delay,
to
pect
or whether th e conferences
must
not
until th e
instructions
from
their Government. In th e latter case you will, h o w e v e r , declare to
them, that
th e
ferences,
will
hitherto passed, or precluded
by the then
ad justment
ori gi nati ng exclusively w ith th e n eg oti a to rs on th e pa rt of the United
States.
I
justice to
th e
and explicit
conduct
which your instructions have e n a b l e d
you to adopt, and to th e desire man i fe sted by th e British Government
to b r i n g forward n ot h i n g which ca n b e deemed derogatory to th e
honour of th e American Government, or which ca n tend unnecessarily
to d e l a y
th e
b e i n g
considered
a s f alling w it h i n the British boundary there.
Lord
Bathurst
October 18, 18H.
My Lord and Gentlemen: I have had th e honour
of
receiving
your
despatch
No.
9 ,
transmitting
a
copy
of
a
note
from
posed, relating
B ritis h Plen ip otenti ar ie s
s hould
a l l
the poi nts
on
their
part,
respect
to
state that th e
:—
of impressment, and others relating
to maritime laws. It
that
renders
any
arrangement
on
authorised
to
state
that none will b e required by G r e a t Britain, b ut that, i f i t shall
b e insisted that these points shall b e in any way named in th e treaty,
they must, in
and
a l r e a d y
stated that they n e v e r ca n recede
from
what
th e established law
in
these
respects.
Secondly,
the
f i s h e r i e s . You a re to sta te that G r e a t Br ita in admits
the right
on
seas
B r it a i n
in North America ; th at th e extent of th e maritime jurisdiction of th e
two contracting parties must b e
reciprocal;
that Great Br ita in i s
r e a d y to enter into an arrangement on that
point;
contracting
parties.
But th ey ca nn ot a g r e e to renew the
privilege,
of
1 783, of a l l o w i n g
the Americans to
and dry their f i s h on th e
unsettled
shores b e l o n g i n g to
His
Britannic
Majesty,
such
the
th e undoubted r i g h t
of
i s th e future
b o u n d a r i e s of
th e
two contracting
parties. The
th e north- west may b e considered a s
a l r e a d y settled by th e a d m i s s i o n
of
th e American Plenipotentiaries
that the British Government i s w i l l i ng to treat on th e b as is of uti
possidet, subject to th e modifications f or mutual accommoda-
1 3 5 9 tion. C o n s i d e r i n g th e
relative situation of
His Majesty's
Government in
contest,
must b e
m a n i f e s t ; and you will not f a i l to impress this strongly on th e minds
of
( b l a nk ) ,
t h e } ' , in fact, admit that this i s a f a ir
principle
of negotiation. I
cannot expect any serious objection to i t . On their admitting
this
to
b e th e b as is on which they a re r e a d y to negoti a te , b ut not b e f o r e
they
have
dations which may b e entered
into in conformity with this basis.
The British occupy Fort M ic h i l im ak i n ac , Fort N i a g a r a , and
a l l
th e other
Amherst-
to
restore
forts
of
Custine
and M a h i a s , retaining Fo rt Niagara and Fo rt M ic h i l im ak i n ac , l e a v
i ng
th e
b ou n d a r y , on th e side of
th e Province
of Main, running
thus : from the River St. Croix, including Moose Island, which was
always
a
established
intersected by th e River Ristook,
up to
i t s source, and then a l o n g th e
high ri dge of mountains, and running a westerly course, until they
a but upon th e h e i ghts
which
t i a r i e s ,
you
will
not
recur
of
w h i c h ,
in th e preced in g note, have g i v e n rise to so much occasional irrita
tion. It
necessary
a r e n e w a l
of the s e d i scus si o ns any l o n g e r
necessary.
In de l i v e r in g your note, you wil l also state that you have n ot
reduced th e
a r t i c l e s , as
that
may
a g re ed up on .
I
APPENDICES TO
ORAL ARGUMENTS.
Commissioners at Gh ent.
Foreign O f f ice, December 6 , 1 8 1 4 .
My Lord and Gentlemen : It
i s
great
a
progress
made
towards
b r i n g i n g th e negotiation to
a f a v o r a b l e
conclusion.
There
appear
b ut two points on which there exists any material difference, and upon
which i t i s necessary, therefore, to furnish you w ith instructions:
First, w it h respect to the alteration made in th e f i r s t article ; secondly,
th e
With
respect
to
th e alteration
in th e
1st a r t i c l e , you will insist on
th e retention
upon
of
status
quo
ante
helium,
upon
which
we have a g r e e d to treat, as there i s a ma n i f e st difference between the
restitution of territory which unquestionab ly b e l o n g e d to either
party,
th e w a r .
As , h o w e v e r , inconvenience might arise from th e act of restoring
territory
many different places becoming
dependent on th e
o p i n i o n which th e p arty in possession
might h o l d
of
consent
liable
limitation, to
such possession
treaty
to
b e referred
to th e Commissioners by whom th e que s ti o n s of b o u n d a r i e s a re to b e
finally decided. Provided
the
mentioned ,
you will show e v e r y facility in wording th e
limitations.
The
discussions which have grown out of th e amended projet of th e
8 th article
o f
ti on th er eof ;
and
to th e liberty which th e United States enjoyed,
under
same
treaty,
of taking, drying, and curing f i s h w it h i n
th e
exclusive jurisdiction
possessions b e l o n g i n g
to
North
America.
You di d p er f ectl y r ig ht
in at
n a v i g at i o n of
th e Mississippi, p r o v i d e d in th e amended projet
of th e 8 th a r t i c l e , was that to which we were no l o n ger entitled, under
th e
treaty of
therefore, as a
by
arrangement of this boundary consented
to by us i n th e preced in g p art of th e same a r t i c l e . This must i n d e e d
be manifest, by our having proposed
th e
beneficial,
to
form b ut o n e a r t i c l e .
With
of
considering th e f r ee acce ss to and
th e free n a v i g at i o n of th e Mississippi, as an equivalent to their liberty
o f taking, cur ing, and drying f i s h , on our coasts, and th e memorandum
»2909°—vol 12—13 2
o f amendment which
e v e n i f
we
were
co n
th e manner
in which they h a v e , in that memo
randum,
proposed
to
renew
respectively
under
confounds a l l principles of
reciprocity; f or the American
Commissioners p r o p o s e a limited and
restricted r e n e w a l
of
f or
an unlimited
and unrestricted r e n e w a l of their
former
liberty.
As
consent
of
our
which we
to renew
th e libertyh e United States en joyed of taking, drying, and curing, fish
on our coasts, may l e ad into l o n g discussions, which would retard
th e
conclusion of
th e
i t
s h ou l d include in i t an ad justment of a l l questions likely
otherwise
to
create misunderstandings , you will propose th e two articles contained
in
the
th e
of
these
a r t i c l e s , th e
boundary i s
a l r e a d y
p r o p o s e d ; by th e
second, th e co nd i ti o ns
on which
we
shall
b e r e a d y to renew the liberty heretofore g i v e n to
th e
drying,
and curing f i s h , and th e conditions on which
th e
liberty heretofore
a f ree a ccess to
and
tion
of
made
by
receive
the
liberty
of
i t cannot
American
Commissioners
decl ine th ese proposi ti ons, you will not
consider yourselves as
of th e 8 th
a r t i c l e , and s t i l l l e s s w it h
th e
in
ceased
with
th e commencement of th e w a r , by making th e r e n e w a l of that
liberty
th e subject
o f n eg oti a ti on , yet i t i s v e r y desirable
that
any
po int so calculated to produce a l te rca ti on ( un l es s previously
under
parties)
b e left
th e
state in
which th e s ig n in g of th e treaty, w ith the omission of th e 8 th a r t i c l e ,
would s t i l l u n a v o i d a b l y l e a v e i t . I f ,
therefore, you
shall not
b e
th e poi nt to a satisfactory
conclusion,
clear
th e
them
of
taking,
drying,
and
curing,
will
refer
home
APPENDICES TO
Foreign
MyLord and
honor
the
14th,
enclosing
the
note
presented
on
that
day
tions thereupon.
th e
alteration
proposed
in
th e 1 st a r t i c l e , whereby
th e
may
i s
no objection to th e p ro p os i ti o n
contained in th e
relates
isl ands
w it h i n
a
number of years.
This stipulation might
States an interest to postpone any
discussion
would
provided
islands
in
b e
b e
to consider
and
decide.
With respect to th e d is cus si on which h a s grown out of the latter
p a r t
a r t i c l e , th e Prince
Regent
a b l e to
arrive
at
such an
arrangement with r e g a r d to th e fisheries
as
coming to a full and satisfactory
explan ation
to b e th e
o n l y
to
protract
by
a
tion of the discussion, the
period when
and
b e h a p p i l y
terminated. You will there
fore present a note, in w h ic h , after
ref erri ng
to the language h e l d
by you on this subject from th e v e r y commencement of the negotia
tion,
Commissioners
to
gratuitously to
th e
leges
by treaty to them
of
f ishing w it h i n th e limits of th e
British sovereignty, and of using th e shores of th e British territories
f or
you will s tate th at, as
there
does
not
appear
any
prospect
of
upon
an
article
wherein
that question may b e satisfactorily adjusted, you a re authorised to
accept
December,
wherein
they
expressed
their
It will not b e
necessary
upon
open in
b e
prosecuted.
I
am,
&c.
Bathtjrst.
1 3 6 1 NOTES from letters and despatches o f l o r d ca stl er e a g h ,
VOL.
t o Lord Castlereagh.
Mi Dear Lord, I am milch disappointed in not
b e i n g
a b l e to a c
quaint you by this packet that I have a l r e a d y concluded th e
conven
tion on th e subject of th e fisheries—ut the fault i s i n
th e
b e said that
th e
summer months.
instructions I
re
quested an i nterv i ew w it h Mr. Monroe, at w h ic h , after
a l o n g
con
versation
upon
proposition
which allots
Labra
dor
as l i e s between Mount joli and th e Esquimaux
Islands.
Mr.
Monroe
told
me that
i f he co ul d p r ocur e in
Washington
any
circum
stantial i n fo rmation respecting th e proposed coast, he sh oul d b e a b l e
to proceed imme d i at e l y in the business; b ut on
th e f o l l o w i n g
day I
had
Navy,
then
at
h e required.
examined,
and Mr. Monroe h imse l f then went into th e
country, from whence h e on ly
returned yesterday. I
immediately
wa ited upon h i m , when h e told me th a t th e tract of coast which I had
proposed
poi nt of
had
examined i t
to want many of th e requisite a d v a nt ages . He then expressed
h i s
wish that an allotment should b e g i v e n up on th e ea stern coa st of
La b r a do r , a b o v e th e Straits of Belleisle. I told him that I could
s a v e
to
;
b ut that, i f th e o ne p ro po se d
was
really un sui ta b le , I would not dis
guise from him that I was authorised to offer pa rt of a n ot h e r coast,
which
unquestionab ly a f f o r ded e v e r y
convenience
proposition,
which g iv es th e unsettled p a r t
of
This
I
have
a l r ea d y d eta i ne d
th e
f or
Mr. Monroe's return to Washington, th a t I do n ot
think
d e l a y i t
any
longer.
tion,
I
entertain h o p e s that i t will b e accepted, and
that
I
shall
b e
a b l e to annex to th e a cce pti o n an express abandonment of a l l pre
tensions to f i s h or dry on any other of
th e
America
—t a l l events, that I shall not b e under
th e necessity of
propositions,
which your Lordship may b e assured
that I shall not do, excepting in th e v e r y last resort.
By
a
had
a l r e a d y g i v e n orders f or th e
seizure
of
vessels found
fishing w it h i n our limits; b ut I wrote
to him
on th e
6 th of last month (the day after I had f i r s t seen Mr.
Monroe
upon
from taking
moment, em
acquainted him
APPENDICES TO
The Hon. C h a r l e s Bagot
to Lord Castlereagh.
My Dear
Lord, I
am
a g a i n disappointed in not b ei ng a b l e to
acquaint
you
with
this
packet
that
b e e n concluded.
Immediately on my return to Washington, on the 14th of last
month, I called
a
viously,
to
inquire
i n fo rmation which
he
had
b e e n so l o n g expecting, in r e g a r d to th e porti ons of
coast
which I had offered f or th e purpose of the American fishery, and
whether
he
was
then
prepared
to
proceed
a n d , he
was
requisite
had so
time
to
examine
him
to go then into th e question ; b ut h e assured me that, b e f o r e th e meet
i n g
President that
th e
b e proceeded
which
rejected.
I
have
as
yet
th e choice
coasts ;
b ut I b e g i n to s us pe ct th at
Mr.
Monroe
idea
accepting
any propos a l by which th e pretension o f right which h a s
b e e n made must b e f or ever renounced. I shall certainly
know
by
this packet,
1 3 6 2 your Lordship will see th e course which h a s b e e n ta ken byhis Government in r e g a r d to that abominable proceed in g of
Captain
of
Court
of
Inquiry,
I
have
endeavoured to show how l i t t l e satisfactory such a report i s , b ut have
tried to l a y the ground
f or
your Lordship may direct.
&c.
Charles
Bagot.
(Br.
Orders
issued
by
John
Guy
b i n d i n g
a l l
( 1 . )
No
ballast
prejudice
&c.
( 3 . ) Admirals of each harbour to take such b e ach or flakes a s a r e
necessary
hath,
person
to
content
sha l l
No person to change marks of boats.
( 5 . ) No person to convert to his own use b oa ts of others, except
in
cases
of
necessity
and
on
n oti ce to
a dmi ra l .
( 6 . ) No p e r s o n to s e t f i r e in any woods .
( 7 . )
No
p e r s o n to destroy any stage, &c. [These shew regulations
as to th e use of shore i n relation to drying and curing f i s h . ]
Instructions to John Treworgie (Commissioner
f or Administration
(Br. Ap p . , 511. 1 6 53 .)
( 1 . ) Take ca re f or the Government and th e fishery accord in g to
annexed laws.
( 2 . ) Collect
( 3 . )
Secure
fishery
from
any
interruption- power
otherwise
f or
common safety.
b allast to b e thrown out
to p re jud ice o f h a rb o ur s,
b ut
i t
( 2 . ) No person to damage
any
necessary.
( 3 . ) According to ancient custom th e f i r s t to arrive to b e admiral
of harbour—ame regulations as to reserv i ng b e a c h and flakes a s i n
1 6 1 1
they will choose.
( 4 . ) No defacement of marks of boats, and no one to use other per
son's b o a t or

ex
cept in case of necessity and on notice to a d m i r a l and others.
( 5 . ) No one to steal any f i s h , train, s a l t , &c.
6 . ) No one to set
f i r e
rinding
h a u l i n g
of seines f or
on
Lord's
Day f or wors h ip .
[These were regulations f or - f i s h i n g
and
and
1 6 6 0 . )
1 6 8 3 regulations.
1 5 C h a s .
II, cap. 1 6 .
in or n e a r
any harbour
to catch
except
Order
have freedom
w ith
1 3 6 3
and drying of f i s h and f or
cutting
of
wood
f or stages, rooms, &c, provided they submit to any present and
future
regulations.
2 . No alien to take b a it or f i s h between Cape Race and Cape Bona
Vista.
4 .
beach, &c., b e f o r e English fisher
men
a re p r o v i d e d for.
9 .
No
fishing
th e
1st March.
1 1 .
Vista
w it h l e s s than 25 men a l l of
one company.
of
Majesty's
to remain after
(Br. App. , 525. 1 6 99.)
1 . Al l His Majesty's subjects residing in England or th e domin
ions thereunto b e l o n g i n g to h a v e , use, and e n j o y th e free trade and
a re of
ing
New
foundland and th e said areas, and liberty to l a n d f or curing f i s h
and
to cut down trees f or making stages, S a c . ; and no alien (not residing
i n
England, W a l e s , or Berwick) to take b ait or f i s h i n Newfound
land.
2 . Repeats
p ro v i si o ns a g a in st
throwing ballast
3 . Same
p ro vi si on s a ga i ns t
destroying stages,
&c.
4 . Pro v is io n s as to admirals, and a g a in st taking more of the
b e ac h
or stages than necessary—dm i r a l s to s e t t l e differences.
12.
No
r i n d i n g of trees after 25th March; no setting f i r e
to
No
person
after
h a u l i n g
of
seines
in
cus
tomary b a iti ng places, or to shoot his seine in or upon any other
seines.
Admirals to see to e n f o rceme nt
of
Act.
to b e strictly observed.
.
1 . No colonist (except whale fishers)
to
go
to
2 .
or
tr ad e e xce pt s h i p
fishers from His Majesty's
1 1
Proclamation by
have always had
my orders to assist a l l vessels from the plantations employed in
whale fishery, a nd , pursuant
to
from
plantations
will
toms
(Br. App. , 691. 1 7 6 6 . )
Whale f i s h e r s , under necessary restrictions, permitted to l a n d in
Labrador
to cut
up w h a l es , a liberty n e v e r a l l o w e d
to them in
ProJubits
whale
amongst
adventurers
and firing woods .
1 5 Ge o .
Ill, ca p 31. (Br. App ., 545. 1 7 7 5.)
Sec.
4 .
not,
and
shall
not
be,
en joyed by any of His Majesty s subjects a rri v i ng at Newfoundland
except from British dominions in Europe.
Sec.
vessels
from G r e a t Bri ta in no t
to
fishing,
and on ly to report at custom-house on arrival
and clearance. [Above sections repea l ed by 5 Ge o .
IV,
1 . ]
(Br.
App .,
567.)
.
and
2 . Duly o bs e r v e Sunday, and
not to take
to
b r i n g
goods and trade without licence.
5 . Licensed f i s h e rmen not to b e disturbed.
6 . Al l persons to
endeavour the preser v i n g of th e f i s h
and
none
to
take
to
1 0
Ge o .
and
1 .
to
throw
three
No
to
December
or
J a nu a r y . No offal to b e
thrown
o v e r b o a r d at or n e a r fishing grounds.
No
mackerel
f or
fresh, b e fo r e
1st June.36 4 Act 1 6 92-3, cap. 32. (Br. App. , 772. 1692.)
By
Council
and
Representatives.
2 .
caught
By
and Representatives.
f or spending
fresh)
New Hampshire.
APPENDICES TO
App. ,
By Governor and Council.
mackerel
seines.ew
Plymouth.
Ordar
of
(Br.
App .,
restrain
throwing
of
offal
Ord- er of
Court. (Br. App ., 770. 1 6 7 0 . )
Pro h i b it ion a g a i nst casting b allast n e a r shore
where con v e n ie nt f or
sei ne f ish ing or throwing offal o v e r bo ar d , any i nh a b ita nt drawing
—
p er barrel.
Order of G e n e r a l Court. (Br. App. , 7 7 1 . 1 6 72.)
Water
may
Order of General Court. (Br. Ap p . , 7 7 1 .
1 6 7 7 . )
of
shall
b e improved bv our own people, b ut in ca se
they refuse, i t shall b e at th e liberty of th e partners to admit any out
of th e colony to
improve
Court. (Br.
No mackerel
G o v er no r, C oun ci l
and
G en er a l As se mb l y .
(Br.
draw seine
or
net
3
inches
square
or
creeks
of the County of .Suffolk.
Act by Lieutenant-Governor, Council and G e n e r a l As
sembly. (Br. App. , 776. 1 7 7 5.)
Pro h i b it ion against:
—
l ength or
6 fathoms
April.
( b . )
Setting any net i n Ketchabanuck Channel or w it h i n
30 rods
of mouth of sa i d channel, l e a d i n g into or out of Quantuck Bay.
( c . )
&c, of
said county
of
that
than 3
ec.
II.
No p e rs o n co n ce rn e d
in
fishery
to
or net
f or
ca tch i ng co d by h a u l i n g on shore or tucking into a boat, with mesh
less th a n
4
inches.
Sec.
1 5 . F o r b i d s sale of
boats, seines,
Nova Scotia.
(Br. App ., 591. 1 7 8 6 . )
Sec. 9 . J us ti ce s to regulate manner of
p l ac i n g
nets and seines in
h a v e n s , rivers, creeks, and h a r b our s o f p ro vi nce .
2258 NORTH
(Br.
App. ,
595.
By
Li e ute n a n t- G o v e r n o r , C o un ci l
and
Assembly.
Sec.
1 .
or
creek
long,
and no net to b e in w ate r in any
p art
o f
and sunrise on Monday.
39 Geo. IV, cap. 5 . (Br. App. , 597. 1 7 9 9 .)
By Li e ute n a n t- G o v e r n o r , C o un ci l and As s em b l y .
Sec. 1 .
of 1 7 9 3
as
Miramichi
and i t s b r a n c h e s no net to b e set in the bay
except as therein permitted (elaborate provisions as to l ength of nets
in
different
and
sunrise
Monday.
who
cept as permitted.
Sec. 9 . Magistrates to make regulations f or f ishing in a l l other
rivers,
County.']
5 0 G eo. Il l, ca p. 20 . (Br. App .,
604.
Sec.
1 .
No
net
s e t in
Sec.
2 .
No
net
at
Shag
Rocks,
nor
any
nets
in sa id h a r bour .
Sec. 3 .
b e
th e
River
St. J o h n . Dri ft nets to b e 3 0 fathoms
apart.
Lower
Canada.
App. , 554.
1 7 8 5.)
Enables Governor to g r a n t use of b e ac h to His Majesty's subjects.
Directs
disputes
between
fishermen
resorting
to
said
be ach.
Instructions to Governor of Prov ince of Queb ec. Regul ations f or
protection
of
5 3 . 1 7 8 6 . )
28 G e o . Ill, ca p . 6 . (Br. App ., 592. 1 7 8 8 . )y Governor and Legislative Council.
Recites Bay of Gaspe
Province.
Sec. 1 . His Majesty's s ub j e cts to have freedom of ta ki ng b a i t and
fishing with
f or curing f i s h
in
n e ce s sa r y p a rts
of beach.
Sec. 3 . No p e r s o n to r in d trees or s e t f i r e to w o o d s , or to hinder
h a u l i n g of
seines or shoot seine w it h i n
a n other
b e
thrown in h a r b ours, and no offal to b e cast
i nto sea w i t h i n 2 leagues of
shore.
600.
Legislative
Canada.
subjects to take
liberty
to
parts of
unoccupied beach.
Sec. 3 . No b allast into h a r b our s and no offal i nto sea w i t h i n 4
leagues of shore.
obstruct h a u l i n g of seines.
ec. 15.
rea sona b l e
r e gul a ti o n s r e sp e cti n g
th e fisheries—a r ticul a r l y d ecl a r e in what manner persons shall de
mean themselves in
seines
and
nets
i n
i n
ferior District of Gaspe—uch regulations to b e pub li sh ed—nd to
apply to that p a rt
of such
Mackerel
( i .
e . to whole of th e Bay of Ch a l eur.)
1 3 6 6 Between 1 8 1 2 and 20 October, 1 8 1 8 .
New Brunswick.8 Geo. Il l, ca p. 2 . (11th March). (Br. Ap p . ,
605.
1 8 1 8 . )
By Li e ute n a n t- G o v e rn o r, C o un ci l and Assembly.ro h i b its ca sti ng o f offal on or a b out coasts of Grand Manan or
into any other bay or harbour of this prov ince i n f ish ing grounds.
After
of
By Lieuten ant-Go ve r nor ,
Council
a ga i nst
M i r am ic h i , except
a s p r o v i d e d in prev ious Acts. 1 0 G eo. IV, cap. 3 . (Br. Ap p . , 609. 1829.)
By Li e ute n a n t- G o v e rn o r, C o un ci l and Assembly.
C on ti nue s a b ov e Act
and preced in g
Act.
4Wm. IV, cap. 31. (Br. Ap p . , 612. 1 83 4 .)
By
Li e ute n a n t- G o v e rn o r, C o un ci l
and
Assembly.
1 6 Vict.,
623.
1 8 53 .)
By Li e ute n a nt- G o v e rn o r, C o un ci l and Assembly.
1 .
h a v e n s ,
creeks
v a r i ous
pa ri shes i n county of Charlotte, and no nets to b e set i n any
such
extending
o v e r &c, of some, or w it h i n 40 fathoms of e a ch
other or w it h i n
20
3 .
Fish
gates.
5 . Power to a p p o i n t gurry grounds, and no offal to b e
thrown
overboard
elsewhere,
at
or
cap. 1 0 1 . (Br. App. , 626.
1 8 54 . )
leases f or fishing-stations.
f or
7 . Gurry grounds f or o f f a l .
12. Limits sei ni ng i n ce rta i n pa ri sh es.
2260 NORTH
[1855. Communicated t o
treaty
of
consent
of
Legislative
may
take
G a s p e ,
county of Cornw a l l i s , and p art of county of Northumberland
f or
shores.
4 . Not to obstruct h a u l i n g of
nets.
6 . Not to us e ca pl in and spawn
f or
of
and
Assembly .
8 . His Majesty's
f i s h w ith liberty to
l a n d f or curing and drying, &c.. Wm. IV, cap. 5 7 .
(Br.
App .,
615.
1 83 6 .)
By th e King, w it h consent of Legislative Council and
Assembly.
ballast
to b e carried on shore and no offal w it h i n
6
5 . Geo.
1 . 1 0 1 1
Wm.
repealed.
Newfoundland, always
rights.
ballast
to b e thrown into h a r b o u r s by any person whatso
ever.
person
w h a t s o e v e r to h i n d e r
h a u l i n g of
nets in customary
or upon
a l l
ship's
rooms
not a l re a dy d i sp os ed
o f .
App ., 697. 1 83 8 .)
By G o v e r n o r , Council and Assembly.
No
or roadsteads.
702. 1862.)
By G o v e r n o r , Legislative
Council
in seines on
any
bays,
h a r b o u r s or oth er
places from
20th October
to 12th
April,
and not at any time to seine f or h e r r i n g except by way of shooting
and f orthw ith tucking and h au l i n g ; b ut h erri ngs may b e taken by
nets in usual
way
and not used f or i nb a rr in g.
2 ,
From
20th
December
4 .
October no h e r r i n g or
b a i t
b e
caught f or exportation w it h i n one mile of
any settlement
Cape Chapeau Rouge and
Rosey. ( Qy- South Coast.)
1 0 . T h i s Act not t o affect treaty rights.
C o n s o l i d at e d
Sta tute s, 1 8 7 2,
Vict.
27 ,
cap.
102.
(Br.
carrying
of
Washington.
App. , 707. 1 8 7 6 . )
3 .
No
person to catch squid in seines.
4 . No p e r s o n to n et h e rr i ng , caplin, or squid between 1 2 p . m. Satur
day and 1 2
s a v i n g
treaty
rights.
Vict., cap. 6 , to a p p l y to
j i g g i n g f or
squid
and to any mode of taking f i s h
f or
s a v i n g treaty rights.
4 2 Vict., cap. 2 . (Br. App ., 708. 1 8 7 9 .)
1 .
seine,
or
in
any
bays, &c., from th e 20th October to th e 1 8th Apri l , or at any
time to us e seine f or h e r r i n g except by shooting and f o rth wi th h a ul
i n g ;
may
way
in barring.
s a v i n g
treaty
rights.
21 .
(Br.
App .,
709.
1882.)
1 . No person to use trap f or cod w ith meshes of l e s s th a n 4 inches.
No pro v i s o s a v i n g treaty rights.
4 7 Vict,
1 8 8 4 . )
of vessel owned and registered in Newfoundland, obta i n
ing customs clearance may take h e r r i n g f or b ait on bank fishery, e x
cept by in barring.
from
any
other
fathoms
from
any
cod-trap
or
cod-net.
9 . Pro v is io n s a g a i nst o ccup yi n g , f i s h i n g - g ro un d
without
s a v i n g treaty rights.
4 8 Vict., cap. 5 .
(Br. App. , 710.
2 . Mesh of cod-traps to b e 4 inches.
No pro v i s o s a v i n g treaty rights.
5 0 Vict., cap. 1 . (Br. App. , 711. 1 8 8 7 . )
1 . Restrictions on catching b a it f or exportation without
l i c e n s e .
r o v i s o s a v i n g treaty rights.
1 3 6 8
Vict., cap. 9 . (Br. App ., 712. 1 8 8 8 . )
mends
5 2 Vict., cap.
R e p e a l s
1 8 8 7 and 1 8 8 8 Acts, and re-enacts and amends them.
Pr o v i s o
s a v i n g
treaty nghts.
7 1 7 .
treaty
rights.
Regulations under 52 Vict., cap. 7 . (Br.
App. ,
1 8 9 1 . J
Stringent restrictions as to methods of fishing.8 9 0 rules not to a p p l y to
French
1892.)tringent
regulations.
8.
Pro vi s o s a v i n g treaty rights.
Consolid ated Statutes, cap. 129.
(Br.
App .,
727.
1892.)
estricting
exportation
and sale
of bait-fishes.
2 . Pr o v i s o s a v i n g
treaty
1 8 9 8 . )
9 . Power to regulate f i s h e r i e s ,
f or b i d destruction
of
s a v i n g
treaty rights.
Regul ations
1 9 05.)
Regulations under 1 8 9 8 Act. (Br. App ., 760. 1 9 0 8 . )
5 Ed. VII, cap. 4 . (Br. App. , 757. 1905.)
Foreign F i s h i n g Ve ss el s Act.
§ 7 . Pr o v i s o s a v i n g treaty rights.
6
Ed.
VII, cap. 1 . (Br. App'., 758. 1 9 0 6 . )
Foreign
§
rights.
§ 17.
Act of
—New Jersev.
G e n e r a l Statutes, 1 8 9 6 .
(Br. App., 785.
§
State.
§
Maryland.
tatutes,
cap.
Restricts netting in Chesapeake Bay.
NOTE.
s
pointed
out
by
th e
Appendices to
th e
since 1 8 1 8 by th e
British Colo
nies other th a n Newfoundland f or th e regulation of th e f i s h e r i e s .
The statutes of New Brunswick
and
Lower
Canada
subsequent
to
1 8 1 8 , which appear in th e Append ices , were printed not f or th e pur
pose of showing
th e
course of l eg is la ti on i n those colonies with refer
ence
to
the
regulation
of th e
f i s h e r i e s , b ut f or
other
purposes,
time
to time by the Dominion of Canada and by th e C ol on ie s
which after
wards constituted
th e
of
these
b e
furn is h e d to th e Tr i bu n a l
and
to
Counsel f or th e United States, and a l l proper opportunity wi l l
b e
f or
th e e x am i n at i o n o f th e volumes which contain
these
statutes.
APPENDIX
(C ) .
Statement of Specific Pro v is io n s of certain Legislative and Execu
tive
called t o
th e attention
th e
T r i b u n a l by th e
United
States
I .
Pursuant
2
of
of th e 27th J a nu a r y ,
1 909 ,
the
of
State of th e
a re
cla imed
a p p l i e d
to American f i s h e rmen on th e treaty
coasts, because e v e n under th e co n te n ti o n of Great Britain, as set out
i n Question
of such fisheries and
which
by th e said article 1 th e i nh a b ita nts
o f
th e
of pub li c
(c)
as between
th e i n h a b i t
ants
exercising
th e sa i d tr ea ty liberty and
not
so framed a s to g i v e un fa i r ly an
advantage
to
the
later c l a s s ,
and also because under th e contention of th e United States as set
out in such question they
a re
and
R e a s o n a b l e
in
themselves
f i s h e rmen
and f i s h e rmen coming from th e United States, and so
framed as
an
th e latter c l a s s .
The specific
of
the Tr i bu n a l
a r e s e t out in th e Fi rst and Second Schedules hereto a n n e x e d .
II. Pursuant
special
agreement
i n i t s
award i t s
upon th e
a f o re sa i d p r ov i s i on s so
specified
and
and to
are
in
down
Question
1 .
b e in f a v o u r of
th e Br iti sh
con7ention a s sta ted
in
a
report
thereon,
i n accordance with article 3 of th e special agreement a f o r e
said, such of th e specific prov i si ons set forth in th e First and Second
Schedules a s require an examination
of th e
fishery, or require
expert i n f or ma ti o n a b o ut
th e
their appropriateness, necessity, re as on a b l e
ness, and fairness a s de fi ned in Question 1 .
IV. The United
objects also
to th e pro v is io ns s e t
out
to
American
on
th e
treaty coasts, because their a p p ropr i ateness necessity,
reason
ableness, and fairness, w it h i n th e meaning of sub di vi si on (c) of th e
contention of th e
States, under Question 1 , have not b e e n
d e te r mi n e d b e tw e en
th e
of
particu
larly th e manner of their e n f o rceme nt so as to secure impartiality
in administration, and
to ensure their o b s e r v a nc e by
Newfoundland,
American fishermen.
many
o th e r p ro v is i on s
to
to American
f i s h er me n, th e same objection on th e p art of th e United States applies,
b ut i t h a s not b e e n deemed necessary to enumerate them because i t
i s
upon
of
the
United
States
would
refuse
to
subject
American f i s h e rmen on the treaty coasts to
such
that i t
i s offered
r e g a r d i n g them.
V.
Many
o th er prov i si ons o f th e acts specified in th e a f o r es a id note
of the
force
f i s h e rmen w ithout
the
consent
of
th e en forcement thereof
a ga i ns t th e f i sh er me n o f the
United
States, no question h a s yet arisen
r e g a r d i n g them. The United
States
h a s not b een consulted r e g a r d
i n g
them, or a d v i s e d of th e
reasons f or
a p p l i e d
to American f i s h e rmen on
th e
b e a
que sti on h er ea f te r a ri si ng
and subject to th e prov isi ons
of
article
ment.
1 3 7 0 VI. The United States assumes that th e numerous p r o v i
sions
in the
statutes specified
in th e a f or es ai d note of th e
2nd
customs
tion
other
th e
so
i t
th e
T r i b u n a l thereon specifically.
The specific provisions
in this
F i r s t
Schedule.
when f i s h may b e ta ken
on
on of
States
claims a re not appropriate, necessary,
reasonable , and f a i r , a s defined in Question 1 , i f a p p l i e d to American
f i s h e rme n on
th e tr ea ty
coasts:—
NEWFOUNDLAND.
C o n s o l i d at e d
Statutes,
p e r s o n
shall haul, catch or take h e r r in gs by or in a seine or
other
such
contrivance,
on
or
coast
of
other
places
therein, at any time between th e twentieth day of October in any
y e a r and
th e eighteenth
day of April
in th e f o l l o w i n g year, or at
any
time
and
the
same,
under a pe na l ty n ot exceeding two hundred
dollars:
nothing
th e taking
nets §et
enclosing
in
section shall not apply
of
2 .
twentieth
day
of
October
f o l l o w i n g
year, shall b e deemed to have hauled, caught or taken such h erri ngs
contrary
to
of th e
preced in g
or
other
p e r s o n
a f o r es a id shall make p r o o r
to th e co ntr a ry .
5 . Notwithstanding any of th e p ro vi si on s of this chapter i t shall
b e l a w f u l f or
th e owner of any vessel owned and registered in this
C o l o n y ,
which
out, supplied and r e a d y to prose
cute th e Bank fishery, and shall have o bt a in e d a Customs' clearance
f or th e said fishery, to haul, catch and take h e r r i n g at any time and
by any means , except by
i n - b a r r i n g
and enclosing such
in a
extent
not
exceeding s i xty b a r re l s
f or
prosecuting
said
Bank
fishery in th e said v e s s e l .
1 2 . No
at
any
or by means of any seme,
bunt,
th e
hours of
o'clock on Sa t
and
take
or
catch
in
any
manner
whatever
or
herring,
ca p l in , squi d , or any other b a i t f i s h , or s e t or put out any contrivance
w h atsoever , f or the purpose of taking or catching herring, caplin,
squid
unlawful
f or any p e r s o n to use any cod-tra p, f or the purpose
of
catching or taking any cod-fish on th e coast of this colony or i t s
dependencies.
A
ct
Vict., cap. 3 . )
929 0 9°—vol 12— 1 3 3
ARBITRATION.
i n l a n d f i s h e r i e s , to p r e v e nt or remedy th e o b s tr ucti o n and pollution
o f s tr ea ms , to regulate
and
p r e v e n t fishing, to proh i b it th e destruction
of
to f o r b i d f ishing
except
under
leases or
licenses; which regulations shall have th e same force and effect a s if
h e r e in
enacted,
and
may
Council adapted to different
l o c a l i t i e s , o r
otherwise
expedient.
Fishing
Ru l e s and Regulations, 1 9 0 8 .
Lobster Fishery.
shall spe ar f i r hook lobsters
or use
hand traps in th e waters of this C o l o n y , nor shall any p e r s o n pur
chase, can,
Herring Fishery.
1 9 .
Herring may b e caught i n nets or hauled in seines, and other
contrivances, under the conditions and in th e manner prescribed by
these rules, and not otherwise.
20. . . .
No
of
Newfound
land.
1 3 7 1 21. U n l e s s o th e rw i se p ro v i de d, no p e r s o n shall use a seine
f or th e purpose
of
in
waters
of
Newfoundland, except e xcl usi ve ly f or b a i t
and
f or
between
the
day
of
April
and
th e f i r s t day of August in any year.
23. No p e r s o n shall catch or ta ke
h e r r i n g
in
a
seine
twelve
o'clock
on Saturday n i g h t and twelve o'clock o n
Sunday night,
exceeding
one hundred dollars.
25. No h e r r i n g seine or
h e r r i n g trap
shall b e used
that p art
La Hune on
th e West
North
J o h n .
using
a
seine
b e
th e
f ishing
from Cape La
Hune to Cape Ray, b ot h inclusive, in th e district of Burgeo and La
Poile.
63. (As
amended). No
p e r s o n shall place in th e w aters
of
cod-trap,
or cod-tra p l e ad er or mo o r i n g , nor
shall
any
to put out any contrivance
whatso
securing
th e
n e a r
th e n or th -e as t po in t
of
of
day of
w e s t (magnetic)
from Colling-
ham Island in Table Bay, b e f o r e noon of th e fifth
day
of June; nor
from Collingham Island to Cape Porcupine b e f o r e noon of th e tenth
day of June; nor
Byron's
Island b e f o r e noon of the fifteenth day of June ;
nor
from
Red
Po int
to a line drawn east and w e s t from a po int two
miles
noon
of
n e a r
noon
of
noon of
th e tenth day of July i n any
year. Provided that when any of th e a b o v e dates f a l l on Sunday i t
shall b e l a w f u l to set th e cod-trap o r cod-trap leader, at or after
noon on
(Saturday).
If
any
person
shall
set
a
cod-trap leader on th e fishing grounds after th e a b o v e dates, in
order
to
shall
set
four
setting
out
such leader, i t sh all b e l aw f ul f or any other p e r s o n who may desire
to
secure
th e pl ace where such l e ad er was so set out f or
th e
remove
his own
place thereof,
this
any other
who may so desire to set a l e ad er
o f co d- tr ap
; p r o v i d e d that i f any
person
his
cod-trap
leader
shall
pre ve nted
by stress of weather or ice from setting his cod-trap w i t h i n th e said
f our days, such peri od shall
b e computed
shall
fifteenth
day of Au
gust in any ye ar on th e fishing grounds w i t h i n three mi l es of th e
C o a s t of Labrador or Islands on said C o a s t between a line to
b e
and
except
from
water,
Point, thence to Long Island Head to th e north
west
end
Island.
64.
The
from
Long
Point
(or
in th e
(Added.)
The use of trawls of bultows i s proh i b ited on
th e
mile from th e
s h o re in Pi n n a i r e Bay in
th e
G enera l .
77 No p e r s o n shall, at any time, in th e w aters of New
f o u n d l a n d , haul, catch, or ta ke squi d w i t h i n or by means of any
seine, bunt, or other such contrivance.
78. No p e r s o n
shall
o r ca tch in any manner
w h at s o e v e r , any herring, caplin, squid, or any
other
set
or put out any contrivance w h atsoever , f or th e
purpose
b a it
f i s h . C a p l a i n may b e
taken
th e usua l
shall
dig,
take,
buy, s e l l , s h i p or put, or assist in
s h i p p i n g or putting on board any boat, sh i p or vessel, or carry in or
on Doard
clams, mussels,
bond
fide f or b ait f or th e
fisheries of this Colony , or of th e same as p r o se cute d th e r e f r o m, or
under a f orei gn f ishing
license
Provided
that
poses and
f or
CANADA.
Revised
Whale
Fishing.—
9 .
other
commercial
products,
shall be
under
license
from
The
e ach s uch
l i ce ns e s ha l l b e e i g h t hun
d r e d dollars f or the f i r s t year, one thousand dol l ars f or th e sec
ond year, and twelve hundred dollars
f or the
licenses f or th e same
factory sha l l
b e twelve hundred dollars; such f ee shall b e
p a y a b l e
to
on
issue
of
the
license,
and
on th e f i r s t day of July i n each ye ar thereafter: Pro vi d e d , th at th e
Governor in Council,
after th e
years, may
gross e a r n i n g s of
each
aforesaid.
9 . Bo ats known as tow- bo ats shall not b e used by anyone i n the
prosecution of th e whaling industry, and no vessel other t h a n the
vessel from which
th e
whales have b e en ca p tur ed or ki ll ed, sh al l, by
any
method
port
manufacture
or
other purpose ; b ut n ot h i n g in
this section
of
a
license,
or
his
employees,
from towing any dead whale to land, and having i t manufactured
or oth erwi se d i sposi ng
of
this section.
G e n e r a l Prohibitions.
47. No one shall f i s h for, take, ca tch or k i l l f i s h in any water, or
a l o n g any
b ea ch , or w it h i n any f ishing
limits,
therein
any
or
appa
such
license
f or the time be ing , or shall disturb or injure any fishery:
Provided
that
or
waters
so
l eased or licensed f or th e expr ess purpose of net f ish ing sh al l not
interfere with
p r e v e n t
a n g l i n g f or other p ur p os es th a n those of trade and commerce.
( 7 . ) No o n e shall
use
a b a g - ne t, tr a p- n et
or f i s h
pound, except
f or
capturing deep-sea
a fternoon
water nearest six of
th e cl ock in th e f o r e n o o n of e v e r y
Monday, in tidal
Saturday
to
six
of
th e
clock in
th e
f o r e n o o n of th e f o l l o w i n g M o n d a j ' , in non-tidal
waters, a l l sedentary fishing stations and weirs, and a l l pound and
trap-nets, seines, gill-nets and other a p p a r atus
used
f i s h ,
whether under license or not, sh al l b e so raised, cl osed or adapted as
to
admit
free
p a s s a g e of f i s h
through, by
such
apparatus,
whether
ARGUMENTS.
2269
48. No o n e shall use purse seines f or th e capture of f i s h in any of
th e waters of Canada : Pro vi d e d , that
the
fishery
th e
Province of Bri ti sh Columbia speci f ied i n th e said licenses. (3 Edw.
VII,
cap.
23,
2 . )
Order-in-Council, September 12, 1 9 0 7 , promulgating F i s h e r y Regu
lations.
General
No
one shall p r e p a r e to f i s h f or lobsters by p l ac i n g or setting
any buoys,
lines
or other g e a r used in connection w it h such fishing,
b e fo r e
six
o'clock
in
to
uahaug or Hard- shell C l a m s .
1 . No one shall fish f or or catch h ar d -s h e l l clams or quahaugs with
out a license from th e Minister of Marine and Fisheries. The f ee
on
license
Special Fishery Regulations. Province of Quebec.
* Sec.
5.—
C o d .o person shall carry on cod-fishing w ith sei nes a t a l e s s distance
than
one- h a l f mi l e from any f ishing grounds
where fishing
anchored,
and
i n f ish ing
f or cod-fish
th e Gulf of St.
Lawrence
{Quebec).
w ithout
a license from th e
M i n i ster of Marine and Fisheries i s pro h i b ited in th e w aters of th e
Gulf of St. Lawrence.
case,
extend
from
th e shore, and any fishery Officer may determine in writing, or orally,
th e l ength of th e l ea de r th a t shall b e used.
6 . The f ee on cod
trap-nets
b e p a y a b l e in
a d v a nce .
Sec.
8 .—err in g .
1 . ( a . ) Fishing by means o f h er ri ng trap nets
w ithout
a
license
from th e M in ister of Marine and Fisheries i s
proh i b ited
(d.) The
trap-net shall in e v e r y case
extend
from
shore,
and
any
fishery
Officer
may
determine
in
writing,
or
orally, th e length of l ea der th at shall b e used.
1 3 7 3
( e . ) The f ee
shall
each
of
leader, and such f ee shall b e p a y a b l e
in
a pp ar a tus w ith out
leases or
Marine
p r o
ARBITRATION.
of th e Government
Que bec.
time of low w ate r nearest s ix o'clock
in
th e a ft e r n o o n
of
th e
f o r e n o o n of e v e ry
Monday no one
for,
salmon
of other
matters relating
a s
to American f i s h e rmen on
th e
treaty coasts.
Warden o r C on sta b l e, may
go on board
fishing
vessel
b e i n g w it h i n any
port
on
three
marine
miles
of
any
of
in
this
Island, and may b r i n g such f orei gn
vessel into port, may search h e r cargo and may examine th e master
- upon oath touching th e cargo and v o y a g e ; and th e master or p e r s o n
in command shall answer truly such questions a s shall b e put to him
under
a
i f
such
f orei gn fishing vessel h a s on board any herring, caplin, squid, or
other b ait f i s h e s ,
i c e ,
or
port on
th e di sta nce of three marine
miles from
of
this
Island,
or
attempted
to eng ag e , any p e r s o n to form
pa rt of th e crew of th e s a id vessel in any port or on any pa rt of the
coasts of this Isl and, or h a s entered such w aters f or any purpose not
permitted by trea ty or convention
f or
in
force,
such
vessel
and
3 .
In
or
w it h i n British
w aters aforesaid, of any ca pl in, squi d, or other b a i t f i s h e s , of i c e ,
l i n e s ,
seines,
or
other
outfits
th e
purchase
plies and outfits
F i s h i n g
Ru l e s and Regulations,
1 9 0 8 .
39.
No person shall place h e r r i n g on
.
Powers
of
Officers
and
other
Justices.
69.
Every
subject of His Majesty may use v acant public property,
such as
of
fishery
and
na v i g ati on, f or th e purposes
of
curing and dry
i n g f i s h , and may cut wood thereon f or such purposes, and no other
p e r s o n shall occupy th e same station unless i t h a s b e e n abandoned
by
the
f or
twelve consecutive
flakes
thereon, of
pos
session, or the bu i ld in g s and improvements may b e removed by the
original
Revised Statutes, 1 9 0 6 ,
Chapter
47.
Boarding and Search.
5 . Any commissioned o f f i c e r of His
Majesty's
on
board
th e
w ate r s or Canada f or th e purpose
of
a f f o r d i n g protection to His
Majesty's subjects engaged in th e f i s h e r i e s , or any commissioner o f f i
cer of His Majesty's n a v y , fishery o f f i c e r or stipendary magistrate,
on board
b e l o n g i n g to
or
in
the
service
service
of
protecting
1374 th e f i s h e r i e s ,
or
any
o f f i c e r
of th e Customs of Canada, s h e r i f f ,
justice of th e
vessel
or b o a t w i t h i n any
harbour in Canada, or
three ma
or
h a r b o u r s i n Canada,
or
in or
upon th e i n l a n d w aters of
Canada, and
she
or
94, s . 2 .
6 . Any one of the o f f i c e r s or persons h er ei n b ef or e mentioned, may
bring any ship, vessel, or boat, b ei ng w ith in any harbour i n Canada,
or
hovering
in
three
marine
miles
of
any
of
the
coasts,
bays, cr ee ks o r h a r b o u r s
in
in
land w aters of Canada, into port, and search h e r cargo, and may also
examine th e master or person in command
upon
oath touching the
cargo and v oy ag e . R. S . , c . 94, s . 3 and 20.
Order - in -Counci l ,
F i s h e r y Regu
lations.
Fishery.
12. No o n e shall, f or canning purposes, boil lobsters on
board
any
ship, vessel, b o a t or floating structure of any description what
ever, except under special license from th e Minister of Marine and
Fisheries.
Third Schedule.
Specific prov i si ons in respect of customs regulations, and light,
h ar b our, and other dues
referred to i n
cla imed
to American
f i s h e rmen and executed
a g a i n st them in such a manner as to restrict them in th e free exercise
of their
Report
22.
vessel coming
of this
whether l a den or in ballast, shall go
without
of
such
vessel,
port of
registry,
the name of the master, the country of th e o wners , th e number and
names of th e passengers, i f any, th e number of th e crew, and
whether
or
in
ballast,
and
and parcel
th e
stowed
loose, and where and to whom consigned, and where any, and what
goods,
l a d e n or un la de n,
or
b e e n
th e
v oy age , what pa rt of th e cargo and
th e
number and
at that port, and
and
what
of
th e cargo, i f any, i s intended to b e exported in the same vessel, and
what
surplus
stores remain on b o a r d , as f a r as any of such particu
lars a re or ca n b e known to h i m .
Entry
Outwards.
96. Except a s p r o v i d e d by section 112, th e master of e v e r y vessel
bound
outwards
from
any
port
in
this
Colony
to
any
port
or
place
C o l o n y , or
on any voyage to any place w i t h i n
or
without
a
report
outwards
and to n
na ge , th e port of registry, th e name of th e ma s te r, the country of the
owners and th e number of the crew ; . . .
97.
The
master
of
vessel,
b ef o re d ep ar tur e,
come b e f o r e the
collector,
or
other
proper
o f f i c e r ,
and answer a l l such questions concerning th e vessel, and th e cargo,
i f any, and th e crew, and the v oy age , as
a re
o f f i c e r , and
i f required,
or
any
of
them
th e declaration made under his h a n d . . . .
98.
If
or does
not truly answer th e que sti on s demanded of h im , * * * th e
master shall
incur a
th e vessel
port
in
this
Colony
until
th e sa i d p e n a lty i s
p a i d ; and unless payment i s made w it h i n twenty days, such vessel
may, after the expiration of such delay, b e sol d to pay such penalty,
coasts
of
Lab
rador to any place out of this Co lo ny, shall b e made according to
sections
ninety
-six
and
ninety-seven
of
th e
rea son of
the a bs e nce of th e collector ory re as on
of hi s
clearing
h i s
vessel in co nf o rmi ty w i th th e prov isi ons
f
sections
of
this
Act,
th e cargo
del i ver to th e
collector
a t St. J oh n's at th e earliest opportunity, an entry, in the
form required by section one hundred or this
Act, of such
cargo
as have b e e n s h i p p e d by them respectively, and in ca se of
such person neglecting or refusing to
del i ver
1 1 8 .
found
hovering i n Br i ti s h w a te rs , w it h i n o n e
l e ague
of th e
any o f f i c e r
of
Customs
may
into such vessel, and stay on board such
vessel w h i l e sh e remains w it h i n th e limits of this Colony or w i t h i n
o n e l e ague
thereof; and
elsewhere,
and
so continues hovering f or th e spa ce of twenty-four h ours after th e
master h a s
b e e n by such
o f f i c e r of Custom, required to depart, such
o f f i c e r
may b r i n g
the
vessel
into
port,
and
examine
this Colony i s proh i b ited
a re on b o a rd , such vessel, w ith h e r apparel, rigging, tackle, furniture,
stores and
cargo,
shall b e seized and forfeited; and i f th e master or
p e r s o n
in
refuses
to
comply with th e l a w f u l directions of
such
does not truly answer
respecting
such s h i p or vessel or h e r cargo, he
shall
121.
If
any
vessel
enters any p l ace o th er th a n a port
of entry,
stress of weather or other
u n a v o i d a b l e
cause,- any dutiable
hundred dollars,
p a i d ; and unless
payment i s made w it h i n thirty days, such vessel, may, after th e ex
piration of such delay, b e sold to pay such penalty, and any expenses
incurred in making
and sale of
122. If any vessel
any
place
other
than
a
entry,
unless
from
stress
of
weather
or other u n a v o i d a b l e cause, and dutiable goods
o n
seized,
and
th e
master or p e r s o n in char ge thereof
shall incur a pen a lty of ei ght hundred dollars; and th e vessel may
b e
and
made
w i t h i n thirty days, such vessel may, after the expiration
of such
such
incurred
in
making th e s ei zur e i n th e safe keeping and sale of such v e s s e l .
Act relating
to Light Dues.
1 . Upon e v e r y merchant vessel or sh i p entering any port or place
w it h i n
this
or
shall
and
paid
once in e v e ry ca l e n d a r ye a r (but not oftener th a n once
in
three
months) th e f o l l o w i n g duty or rate per registered
ton,
that
of
including
5 0 0 tons, and twelve cents per ton additional on ever}' ton
o v e r
5 0 0 up to and including 1 , 0 0 0 tons, and six cents per to n a d di ti o na l on
e v e ry
ton ov e r 1 , 0 0 0 tons and up to and
including 2,000
tons. On
greater
rate th a n two hundred and forty
dollars b e l ev ied in any one calendar ye ar or oftener th a n once in
three months.
du ly
w it h i n three
miles
colony, and
in
port
or
may,
and procedure prescribed in section 5 of this Act,
b r i n g
into port and
vessel
until payment or satisfaction of a l l l ight dues by
law
recoverable.
CANADA.
The
master of e v e r y vessel coming from any
port
or place out
of Canada, or coastwise, and entering any port in Canada, whether
l a d e n or in ballast, shall go without delay, when such vessel i s
anchored or
to
o f f i c e r , of th e
arrival and
9 6 . The
master of e v e ry vessel bound outwards from any port in
Canada to any port or pl ace out of Canada, or on any voyage to any
place w it h i n
or without
o f f i c e r
a report outwards under his hand of
th e
destination of
name
of
ballast,
or
b e fo re d ep ar tur e, come
b e f o r e th e
collector
and
answer
th e vessel and th e ca rgo,
i f any, and the crew and th e v oy ag e , as a re demanded of
him
by
such o f f i c e r , a nd , i f required, shall
make
his a n s w e r s or any of them
p art
Pilotage Dues.30. The
or
not co mp ul s o ry , w i th i n
th e
s .
2275
4 7 1 . No Customs o f f i c e r shall g r a n t a cl ea ra nce to any sh i p liable
to pilotage
dues at
du ly con
stituted pilotage authority
which collects the
pilotage dues
and at
which pilotage
dues a re pay a b l e , until there has b e e n produced to
such
Customs
a
certificate
from
or
person
th e same, that
in
respect
have b e e n p a i d
or settled f or to th e satisfaction of such authority. R.
S . ,
4 7 5. Every s h i p
which
n a v i g ates w it h i n
either of
dis
Quebec,
M o ntr e a l , Halifax or St. J o h n , or w it h i n any pilot
a g e district
limits of which
time be ing ,
Part
shall
pay
pilotage
dues,
unless,
—
(a) such sh i p i s on h er inward voyage and no licensed pilot offers
his services as a pilot; or
(b )
80, s . 5 8 .
4 7 6 . If such s h i p i s on h e r outward voyage and the
owner
a
pilot or g i v e his s h i p i nto th e char ge
of a
such
in
Quebec,
to th e Quebec Pilots Corporation , a nd , i f in any other pilotage district
to th e pilotage
authority
of such d i s t r i c t . R.
S . ,
William Robson,
&c.
Massachusetts,
1 71 5 , cap. 4 , s e e s . 2 and 5 , imposed dues f or erection
and maintenance of lighthouse at Boston Harbour. Coasting and
fishing-boats to pay on a l o w e r s c a l e . (B. C. Ap p . ,
773. 1 71 5 .)
damage
to
f or
m a i n t a i n i n g lighthouse on Sambro Island; fishing-vessels exempt.
(B. C. App. , 587. 1759.)
Massachusetts, 1 7 7 1 , cap.
35, s e c .
dues f or
erection of a lighthouse at Matchen Island. Scale of dues as in Act
of 1 7 1 5. (B. C. App. , 774. 1 7 7 1 . )
Massachusetts, 1 77 4, cap. 2 . Al l vessels of 1 5 tons and upwards to
pay dues
Point.
(B.
C.
App ., 775. 1 7 7 4 . )
(T h i s Act recites th a t th e burden
of
these
dues
ought in equity
to b e b o r n e by a l l vessels receiving advantage from that light, b e
l o n g i n g
to strangers as well as to the s a i d i n ha b i ta n ts . )
( 2 . )
Customs
regulations.
1 3 d o 1 4 C h a s . II,
cap.
vessels a r r i v i n g in
England f orthw ith to enter at Customs. (B. C. C. App., 209.
1662.)
7
8
Wm.
Ill,
prov i si ons o f
th e
Act
to
a l l vessels a r r i v i n g
i n British Co lo n ie s
in
4
15,
to
hovering
w i t h i n 2 leagues of coast of a
colony.
1 7 6 3 .)
7 Geo. Il l, ca p. 4 6? pro v i d e s
f or
a l l vessels
at
any
as
tion, and cargo of his vessel. (B. C. C.
App. ,
( N .
sub stan
APPENDICES TO
ORAL ARGUMENTS.
Ge o . Ill,
other
vessels
twenty- four
15
Geo.
ob
ject of e ncour a g i n g English seamen to engage in
th e Newfoundland
by
master
on
his
f i r s t

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