The Secretary of State to the British Ambassador.
Washington, January 27, 1909.
Excellency: In order to place officially on record the understanding already arrived at by us in preparing the special agreement which we have signed today for the submission of questions relating to fisheries on the North Atlantic Coast under the general Treaty of Arbitration concluded between the United States and Great Britain on the fourth day of April, 1908, I have the honor to declare on behalf of the Government of the United States that Question 5 of the series submitted, namely, “From where must be measured the ‘three marine miles of any of the coasts, bays, creeks, or harbors’ referred to in the said Article” is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso is included in this question as one to be raised in the present Arbitration; it being the intention of the parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present Arbitration.
I have the honor to be, with the highest respect, Your Excellency’s most obedient servant,