Ambassador Reid to the Secretary of State.

No. 154.]

Sir: With reference to your instruction to Mr. Garter, No. 118, of the 3d ultimo, drawing attention to the terms of the British memorandum inclosed in Mr. Carter’s No. 107 of the 16th of December last, relative to the reported construction by American fishermen of platforms for freezing herring on the shore of the Bay of Islands, on the west coast of Newfoundland, I have the honor to inclose herewith a copy of a note from the foreign office, dated the 13th instant, covering a copy of an amended memorandum, from which it will be observed that Sir Edward Grey accepts the alteration suggested in Mr. Carter’s note of the 16th of January, a copy of which is herewith inclosed, and expresses his regret that there should have been any room for misapprehension from the quotation, for the sake of brevity, of only a portion of Article I of the treaty of 1818.

The amended memorandum, it will be seen, quotes the whole context of the article of the treaty, so far as applicable to the case in question.

I have, etc.,

Whitelaw Reid.
[Inclosure 1.]

Chargé Carter to Sir Edward Grey.

Sir: With reference to my note of the 18th ultimo, in which I stated that the Secretary of State had advised the Secretary of Commerce and Labor in exact conformity with the views, set forth in your memorandum handed me by Mr. Villiers on the 16th of that month, that our fishermen are not entitled to construct platforms for freezing herring on the west coast of Newfoundland, I have the honor to draw your attention to an omission in the memorandum, without doubt inadvertent, of part of the context of Article I of the treaty of 1818.

The memorandum, as actually worded, would seem to make it appear that by the treaty the United States renounced the liberty to take, dry, or cure fish on any of the coasts, etc., of Newfoundland other than the southern coast between Cape Ray and the Rameau Islands; whereas in point of fact, by the whole context of Article I of the treaty, our fishermen have the right to take fish within certain described limits on the western and northern coasts of Newfoundland, as well as in certain other localities.

My interpretation of your memorandum was, that out fishermen by the treaty were excluded from drying and curing fish, so far as Newfoundland is concerned, elsewhere than on the southern coast, but in order to remove all misunderstanding I venture to call your attention to the language of the memorandum, which might otherwise be misleading.

[Page 684]

That the Secretary of State understood my telegram of December 16, in which I conveyed to him the substance of the memorandum in question, to mean that reference was made to the drying and curing of fish and not to the taking of fish, will be seen by the language of his telegraphic reply of the same date, which was conveyed in my note to you of the 18th of December, “that our fishermen are not entitled to construct platforms for the freezing of herring on the west coast of Newfoundland.”

I venture, therefore, to hope that you will be so good as to cause the memorandum above mentioned to be so amended in the sense indicated that all possibility of ambiguity may be thereby removed.

I have, etc.,

John Ridgely Carter.
[Inclosure 2.]

Sir E. Gorst to Ambassador Reid.

No. 5221.]

Your Excellency: Mr. Carter in a note of the 16th ultimo drew attention to the terms, as being open to misconstruction of the memorandum which I had the honor to communicate to your excellency on the 15th of December last, with reference to the reported construction by United States fishermen of platforms for freezing herring on the shore of the Bay of Islands on the west coast of Newfoundland.

I regret that there should have been any room for misapprehension from the quotation, for the sake of brevity, of only a portion of Article I of the treaty of 1818, but have pleasure in inclosing a memorandum amended in the sense suggested and quoting the whole context of the article so far as applicable to the case.

I have, etc.,

E. Gorst
,
(For the Secretary of State.)
[Subinclosure.]

amended memorandum.

His Majesty’s Government have received information that United States fishermen are constructing platforms for freezing herring on the shore of Bay of Islands on the west coast of Newfoundland.

Article I of the Convention of 1818 between Great Britain and the United States stipulates that “the inhabitants of the said United States shall have forever, in common with the subjects of his Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coasts of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbors, and creeks, from Mount Joly on the southern coast of Labrador, to and through the Straits of Belle Isle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson Bay Company. And that the American fishermen shall also have liberty forever to dry and cure fish in any of the unsettled bays, harbors, and creeks of the southern part of the coast of Newfoundland, here above described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish on or within 3 marine miles of any of the coasts, bays, creeks, or harbors of His Britannic Majesty’s dominions in America not included within the above-mentioned limits.”

The incident now reported has probably occurred owing to ignorance or misapprehension of the terms of the convention. His Majesty’s Government consider [Page 685] it necessary, however, to call attention to the matter, and to express the hope that the American fishermen may be instructed to desist from action which is clearly in excess of their treaty rights.