A MAP OF THK B K I Tl S ll-A^ K H I J I I I l_l L-l 1 — I — L- tTccUe- of &i^lijJi AMEKICAN nSHIXG &KOUXDS, *'/^ { NKWFOUIVDJL A."!^ D ait- of BVi^iMh :Mie.f. i/c>/in,ftani /rar^rvfkif/il i'Jtai&s-hmeni, 74, StrsfttC^nniifn.. M>4> ^t $nQb-$mtxmn Q/>'y ,tirCr ■ ■• -tv^ M EEPOET ON TUB QUESTIONS BETWEEN GREAT BRITAIN AND THE UNITED STATES WITH KESPECT TO THE NORTH AMERICAN FISHERIES. MACMILLAN, LONDON AND CAMBRIDGE. 1871. [AI.L BIGHTS BESBBVED.] At a Meeting of the Anglo- American Association, hold on tlio 7th of December, 1870, it was resolved, that Lord Edmond Fitz- maurice, M.P., Sheldon Amos, Esq., Professor of Jurisprudence in University College, London, W. A. Hunter, Esq., Professor of Roman Law in the same college, and A. C. Humphreys, Esq., of Lincoln's Inn, Barrister-at-Law, bo appointed a Sub-Committee to prepare a Report on the Fisheries Question. OILBEBT AND BITIVGTOK, PBINTXBS, BT. JOHN'S SQITABE, LONDON. n^ IHE FISHERIES QUESTION. EEPORT OF THE SUB-COMMITTEE. The Siib-Committoe appointed in pnrsnance of the foregoing resolution, have the honour to report as follows : — Your Sub-Committee have been unable to ascertain with exact- ness the extent of the interest of the British Provinces in the fisheries in the waters adjacent to their coasts. It is, however, stated in a paper laid before the Legislature of Nova Scotia {Journals of House of Assembly, 1867, App. No. 18), that a capital of from 34,000,000 to 35,000,000 is invested in those fisheries, and' that they give employment to about 20,000 sailors. It is further stated by the same authority, that the mackerel and herring fisheries are almost wholly within the thi'ee-milo limit, and that the bait fishing is entirely in shore. With respect to the extent to which fishing on the same coasts is earned on by the Americans, it is stated in a paper of the Canadian Legislature, entitled, " Return of Licences granted to American Fishermen, Ottawa, 1869," thi\t " thi-oughout the year 1866 about 800 American vessels have prosecuted fishing in various places around the sea-coasts, and in the Gulf and River St. Lawrence, many of them making two or more voyages." The interests involved in the fisheries being thus of great value, it is necessary to consider in what manner the rights of British and American fishermen are regulated. Your Sub-Committee A 2 4 THE KISIIRWIKS QUESTION. havo distributed tho Hubjcct under four heads: — (1) The general ])rinciplo8 of International Law respecting marine fiHliory ; (2) tho special conventions between Great Britain and the United States affecting tho fisheries on tho coasts of Canada, Newfoundland, &c. ; (3) tho homo and colonial legislation upon tho fishery quostior ; ond (4) the stops taken by Great Britain and Canada after tho abrogation of tho Reciprocity Treaty. I. As to the general principles of International Law applicable to marino fishing. Marino fishing may take place (A) in tho open sea ; (B) in moro or less enclosed parts of tho sea, as bays, harbours, and creeks ; or (C) in straits or sounds. A. It is now not disputed that tho right of fishing in the open seas is free to all tho world. It is equally certain that within tho territorial waters adjacent to the coasts of any State, the right of fishing belongs, in the absence of any treaty stipulations, abso- lutely and exclusively to tho subjects of that State. It is, in fact, a proprietary right, consequent on territorial possession. Though there has been some dispute as to the extent properly assigned to such territorial waters, it has never been disputed that the waters within three marine miles of the actual coast are clearly within such limits, and that within such limits the right of fishing is exclusive. The law on this point is thus stated by Heffler and Wheaton: — " Maritime States possess the indisputable right, both in regard of the defence of their respective territories, as also for the pro- tection of their revenue and commercial interests, to establish an active supervision upon their coast and its neighbourhood, and to adopt all necessary measures to close the access to their terri- tories against those whom they do not choose to receive there, or who do not conform to the regulati'?n8 which they have esta- blished. This is a natural consequence of the general principle, *Ut quod quisque propter defensionem sui fecerit jure fecisse videatur.' Every nation, therefore, is at liberty to exercise super- vision and power of police on its own coasts, according to its own pleasure, unless it be limited by treaty obligations. It may, THE FISHERIES QUESTIOK. 5 according to tlio epocial circumstances of tlio coantB anil the waters, fix the convenient distance. A common iisago has esta- bUshed the range of cannon-shot as the limit which it is not permitted to cross, except in special instances — a line of limitation which has not only obtained tho sanction of Grotius, Bynker- shoek, Galiani, and Klubev, but which has also been consecrated by the laws and regulations of many nations Formoi-ly this limit was reckoned at two leagues; at present it is taken at three marine miles. This is the rule established by the Anglo- Amcrieau treaty of October 28, 1818, and tho Anglo-French treaty of August 2, 1839. E\ei7 vessel which cresses the marine bounda- ries of a nation must confine itself to tho regulations there esta- blished, whether it enters voluntarily or under stress of weather. To that end. States bordering on tho sea coast enjoy certain undis- puted rights: — "(1) The right to demand explanations as to the object of the voyage of tho vessel. If an answer is refused, or if it should ap- pear to be incorrect, tho authorities on the spot may, by direct methods, take cognizance of the true object of the voyage, and, in case of urgency, take such provisional measures as the circumstances may demand. " (2) Tho right to prevent breach of the peace within their territorial waters. " (3) To make regulations relative to the use of the waters which bathe their coast; as, for instance, the right to regulate the different sorts of fishery. " (4) The right to impose an embargo, and to establish cruisers, to prevent contraband traffic. " (5) The right of jurisdiction. " The simple passage of a foreign vessel on the territorial waters of a State does not authorize such State to impose tolls, except those which concern the use of sstablishments for tho purpose of navigation or fisheries. No other rights than thoso here indicated can arise, except from the voluntary concessions of States." {Heffter, Droit International Public, § 75.) " The maritime territoxy of every State extends to the ports, harbours, bays, mouths of rivers, and adjacent parts of the sea enclosed by headlands belonging to tho samo State. The general 6 THB FISBKRIUy gUKSTION. UHago of nations HupcrnddB to tluK oxtont of territorial jiirifldiction n diHtauco of h nmrliiu Icagiio, or uh far uh a uannon-Hliuf will roaoli from tlio Hhorti along the coasts of the State. WitliiH theso limits itH right of property and torritorial juriHdielioii arc ahMoluto, ami exclude thoHo of every other nation." (W/naton, part ii. § 177.) " The right of flehing in the -vvatcrn adjacent to the coaHtH of any nation within it.s territorial liuiitH belongs exclusively to the subjects of the State." {Uiii. § 180.) PishiiiK in bayi B. As to rights to marine fishing in bays, harbours, crocks, &c. anil harbour*. ^ n j f » In the case of bayn, harbourn, and creeks, strictly so named, it is a recognized custom to take t!ie lino joining the extreme parts of tho bay, creek, or harbour, instead of the coast-line, and to measure from that tho line from which the distance of a marine league or tho length of a cannon-shot is to be measured. On this point Wheatou writes : — " Tho exclusive territorial jurisdiction of the British Crown over the enclosed parts of the sea along the coasts of tho island of Great Britain has immcmorially extended to those bays called King's Chambers; that is, portions of the sea cut off by lines drawn from one promontory to another. A similar jurisdiction is asserted by the United States over tho Delaware Bay, and other bays and estuaries fonning portions of their territory. ... So also the British Hovering Act (9 Geo. II. c. 35) assumes, for certain revenue purposes, a jurisdiction of four leagues from the coast, by prohibiting foreign goods to be transshipped within that distance without payment of duties. A similar provision is contained in tho revenue laws of tho United States; Act, 2nd March, 1797, § 27 ; and both these provisions have been declared by judicial authority in each country to be consistent with tho law and usage of nations." (Kent's Com., vol. i. p. 31, and Church v. Hubbard, 2 Cram;h, p. 187.) „ Jl^efin tion of The difficulty of this rule is contained in defining what ia a "bay," inasmuch as that word is used equally for small in- dentations of the shore and largo portions of the sea, as tho Bay of Biscay, Bay of Fundy, Hudson's Bay, &c. Attempts have been made in special conventions or treaties to give definiteness to the conception of a " bay." Thus in the treaty between Great THE riSIIKKlKS QLKSTtON. 7 Britftin anil Fmnco, in 1839, tho 9tli Article! ran: "It boing '* uiidcrBtuoU tliat tlic diHtuncu of'lliroo inilcH, limiting; the oxchiHivo " right of fiwhiiig upon tho coast of tho two countrioH, mhonhl l»o '* nieusiirod in respoct to liuyw of which tho opening Hhoiild not " exceed ten miles by a straight lino drawn from ono cape to tho " other." Roferenco may also bo nuido to tho Convention between the samo nations of 1868, qnotcd in tho Appendix. The moaning of tho toi ma " coaHts, bays, harbours, and crce'ts," fn»e of n»y of in tho Convention of 1818, between Great Britain and tho United States, was detinitoiy fixed as regards tho Bay of Fundy by a mixed Commission in 1853. Tho Commission ditl'ering, tho cause was loft to tho decision of tho umpire, Mr. Joshua Bates, lie decided that as tho Bay of Fundy is from sixty to seventy-five miles wide and from ono hundred and thirty to one hundred and forty miles long, with several bays on its coasts known and named as bays, and has one of its headlands in the United States, which all vessels must pass bound to Passaraaquoddy Bay, and ono large island belonging to tho United States, Little Menan, lying on tho line between the headlands, the Bay of Fundy cannot be considered as an exclusively British bay within tho meaning of the treaties regulating the fisheries, nor could tho " Coast of Great Britain " under the treaties be measured from its headlands, and he inti- mated an opinion that no indentation could be considered a " bay," the opening of which exceeded ten miles from headland to headland. The case adjudicated upon arose out of the seizure of the American fishing schooner '* Washington," while fishing in the Bay of Fundy, ten miles from tho shoi'o. Mr. Bates' judg- ment is very special in its character, but it serves to exhibit and ^ illustrate tho rational principles of International LaAV on which the interpretation of such words as bays, &c., would proceed. Vattel, writing on this same subject says, " I speak of bays and straits of small extent, and not of those great tracts of sea to which these names are sometimes given, as Hudson's Bay and the Straits of Magellan, over which the empire cannot extend and still less a right of property." It was at ono time argued that a limit of six miles opening between the headlands should be imposed, but against such a limitation Mr. Seward is stated by the English Commissioner in 8 THE FISHERIES QUESTION. the case of the "Washington," to have argued, in 1852, as follows : " This argument seems to me to prove too much. I think it would divest the United States of the harbour of Boston, all the land around which belongs to Massachusetts, or the United States, while the mouth of the bay is six miles wide. It would surrender our dominion over Long Island Sound — a dominion which, I think, the State of New York and the United States would not willingly give up. It would surrender Delaware Bay; it would surrender, I think, Albemarle Sound and the Chesa- peake Bay; and I believe it would surrender the Bay of Mon- terey, and perhaps the Bay of San Francisco." The doctrine of maritime jurisdiction over " bays" in regard to their o .vn waters, has always been strongly insisted upon by the United States, and the British Cominissioncr ^in the case already mentioned says, that in 1830 that Government rejected the appli- cation made on behalf of the British fishermen of the Bahamas, to fish within certain bays of the Floridas, on the ground that the fisheries within those bays wore exclusively the property of the citizens of Florida, and that the committee appointed to inquire into the matter, after giving several extracts from the treatises on the Law of Nations, by Vattel and Martens, conclude by saying that " some writers have fonnerly contended that the right could not appertain if the fisheries were inexhaustible, and that a necessity must exist of this exclusive appropriation. This doctrine, how- ever is long since exploded, and the right recognized, as founded on the broad and arbitrary principle that every nation has a right to such exclusive appropriation for the extension of its commerce, and even for convenience merely." From what has been said we may safely conclude that a bay, for the purpose of the question under consideratiop^ may be taken to have been established by modern usage to mean an indentation of the shore of which both headlands are within the territory of the same State, and are at a distance from one another of not more than ten miles ; and that in such case the whole bay within the headlands, and the waters within three miles of a line joining the headlands, form part of the territory of such State, and the fishing within such waters is by consequence in the exclusive possessioa of its subjects. THE FISHERIES QUESTION. » In conclusion, reference may be made to tho clauses pi'inted in the Appendix of the Fishery Couvcntion of 1868 between Great Britain and Frunce. C. Rights of Marine Fisliing in straits or sounds. The principles of international law respecting the uses of straits are thus stated by Heffter, Wheaton, and Hautefeuille : — "II va sans dire que les detroits entre deux portions de la " mer qui servent h. la communication entre ces dernieres doivent " etre reputes libres et communs h. I'usage de toutes les nations, " lorsqu'on pent les passer hors de la portee des canons des pays " adjacents, comme par exemple le detroit de Gibraltar. En cas " contraire, le detroit sera soumis h, la souverainete de ces Etats " riverains ou de I'un d'eux. Neanmoins on est d'accord qu'aucun " peuple ne pent interdire aux autres I'usage innocent de ces voios " de communication." {Heffter, Droit International Public, § 76, Bergson's Ed.) " Straits are passages communicating from one sea to another. " If the navigation of the two seas thus connected is free, the naviga- " tion of the channel by which they are connected ought also to bo " free. Even if such strait be bounded on both sides by the terri- " tory of the same sovereign, and is at the same time so narrow as " to be commanded by cannon-shot from both shores, the exclusive " territorial jurisdiction of that sovereign over such strait is con- " trolled by the right of other rations to communicate with the " seas thus connected." ( Wheaton, Elem. Int. Law, Dana's Ed. p. 262.) " II faut bien remarquer que pour la peche et pour tons les " autres droits, notamment le droit d'asile, le detroit doit etre con- "sid^re comme soumis k la juridiction du souverain des deux " rives ; le passage seul est libra sans aucune exception." {Haute- feuille, Droits et Devoirs des Nations Neutres en Tenijis de Onerre Maritime, vol. i. p. 97.) It will appear, therefore, that in respect of straits of which both shores are in possession of the same State, and are not more than six miles in width, the territorial possession and jurisdiction of the riparian State is, with the exception of the right of passage, exclusive. 10 THE FISHERIES QUESTION. ' Tho only strait in tho British North American territory about which any question is likely to arise is the Gut of Causo, which separates Cape Breton from tho mainland. This strait is about twenty miles long, and has an average breadth of two and a half miles. In 1841 tlio Attorney-General and tho Queen's Advocate, in answer to certain questions put to them by tho Nova Scotian Governmerit, gave an opinion in which, amongst other things, they stated that, having considered the course of navigation to ' the Gulf of St. Lawrence by Cape Breton, and likewise the capa- city and situation of tlie pas.«rge of Canso, and of the British possessions on each side, they Avere of opinion that, independently of treaty, no foreign country had the right to use or navigate the passage of Canso, and that, according to the terms of the Con- vention of 1818, it did not expressly or by necessaiy implication concede any right of using or navigating tho passage. It appears to have been assumed in this opinion that the right to close a strait depends upon the course of navigation between the seas which it joins. It is obvious that principles similar to those which govern the case of a strait such as that of Gibraltar, the sole means of access to the sea which it enters, do not neces- sarily apply to a strr.it wliich like tho Straits of Messina, or the Great Belt, is only one of tAVO or more passages from one sea to another. Your Sul)-Committee, however, do not deem it within their province to do more than indicate the nature of the ques ions which may arise with respect to the Gut of Canso. They bolieve that the passage of that strait has never in fact been interdicted by the Imperial or Colonial authorities. Paut II. Having discussed the general principles of international law Treaty liglita , ° . ° i r between the which govcrn marine fishing, we proceed to inquire into their United states anil . "^ . the United King- application as between the United Kingdom and the United States. This inquiry may be divided into two parts ; the first relatin^ to the treaties which regulate the ordinary maritime terri- torial dominion of the two States; the second relating to the treaties which modify its ownership as regards the right of fishery. Maritime Terri- (1.) Pi'evious to the Anglo- American Treaty of 1794, the ordi- torial dominion ^ ' " , "" in general. nary maritime territorial dominion of each State was considered a» THE FISHERIES QUESTION. 11 ceasing at a cannon-shot distance from the shorOj and tliis doc- trine was embodied by tlio 25th Article of the treaty of that year. The Treaty of 1818 fixed the limit at three marine miles, a definite distance having been by tliat time geucrally allowed to be more convenient than the uncertain distance covered by the cannon-shot, as mentioned in Part I. of this Report. (2.) This exclusive dominion, however, had been made sub- Rights of fish- ject from the first to many important limitations. The third Article of the Treaty of 1783, which recognized the independence of the United States, made the following stipulations: — Treaty of 1 783. " That the people of the United States shall conthiue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other Banks of Newfoundland, also in the Gulf of St. Lawrence, and at all other places in the sea where the inhabitants of both countries used at any time heretofore to fish, and also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the const of Newfoundland as British fishermen shall use, but not to dry or cure the same on that island, and also on tlie bays, coasts, and creeks of all other of his Britannic Majesty's dominions in America j and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, the Magdalen Islands, and Labrador, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, it shall not bo lawful for the said fisher- men to dry and cure fish at sucli settlement without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground." The treaty contained no similar concession to the fishennen of Great Britain and her dependencies exercising their trade on the coasts of the United States. During the negotiations at Grheut in 1814, previous to the War of isil treaty by which the second war between the United States and attihentin isu. the United Kingdom was terminated, it was notified by the pleni- potentiaries of the latter power that their Governmciit had no longer any intention of gratuitously continuing the privileges accorded to the fishermen of the former power by the Treaty of 1783, which they contended had been extinguished by the war of 1812. To this notification the American plenipotentiaries replied by a refusal to discuss the question thus raised, and at the same time appealed to the nature of the rights themselves which were called in question, and to the peculiar character of the Treaty of 1783, on which they rested, as precluding any necessity for 12 THE FISHERIES QUESTION. further stipulations being made on the subject to which they referred. TMitwl^n'"'"'*Eari ^^ consequonce of this difference of opinion, the Treaty of Adm"n78^i5?'' Client remained silent as to rights of fishery, but shortly after its conclusion the Government of the United Kingdom announced its formal intention of abrogating the privileges enjoyed by the United States* fishermen'. An interesting discussion immediately after- wards arose between Mr. John Quincy Adams on the part of the United States and Earl Bathurst on the part of the United King- dom. Notwithstanding subsequent treaties, the points raised in this discussion, besides having an interest of their own, have some bearing on the questions now at issue between the two coun- tries, and it will be accordingly advisable to give an account of the arguments used on both sides. Mr. Adams, in his despatch dated September 25, 1815, in answer to Lord Bathurst, begins by enlarging on the right of fishing having been enjoyed from time immemorial by the in- habitants of the countries now forming the United States of America, the inhabitants of which had in great measure dis- covered the fisheries, and owing to their proximity to them had also enjoyed their use, not to mention the fact of their having contributed their fair shai'e to the original conquest of the coast provinces from the French. Thus, he argued, the fisheries belonged to the United States' fishermen, both in prin- ciple and in fact. These considerations, he insisted, lay at the ioot of the Treaty of 1783, which was not one of those which could be said to be liable to abrogation by a subsequent war. The independence and sovereignty of the United States were by that treaty recognized, but not as grants from his Britannic Majesty. They were expx'essed as existing before the treaty was made, and as then only first formally recognized. The right of fishery was part and parcel of the sovereign and inde- pendent rights of the United States, otherwise it would not have remained without reciprocal advantages being conferred on the fishermen of the United Kingdom fishing on the coasts of the United States. Since, then, the sovereignty of the United States I Despatch from Lonl Bnthurst to Governor of Newfonndland. (B, ^ JT. Slate Papers, vol. ii. 1173 ; Lord B. 17tb June, 1816.) THE FISHF.niES QUESTION. 18 (lid not depend upon a grant, and the right of fishery was a sove- reign right, it followed that as the former was not annulled by the war of 1812 neither was the latter, while as to the declara- tions of the English plenipotentiaries at Ghent, they in no manner affected the matter. To these arguments Earl Bathurst replied on October 30, 1815. He began with the general assertion that the claim and liberty of one power to fish within the limits of another could only rest on conventional stipulation. Replying to Mr. Adams' observation, that there was no reciprocity of advantage, he pointed out that all the provisions of the treaty were said to rest on mutual advantage. The liberties accorded by the Treaty of 1783 did not differ in any way from those accorded by any other treaty. England knew of no exception to the rule that all treaties are put an end to by a subsequent war. It was indeed true that the Treaty of 1783 contained stipulations of a permanent character, viz., those relating to the sovereignty and independence of the United States, but treaties often contained stipulations of various characters, some intended to be pennanent, others to be temporary. Between such, various stipulations there could not be any connexion, nor was there any in this case between the recognition of the independence of the United States and of the liberty of fishing enjoyed by its fislxermen on the coasts of New- foundland and elsewhere. He further insisted that not only was the permanent part of the treaty distinguishable from the tem- porary part, but was actually distinguished by the treaty itself, which spoke of the right to independence on the part of the United States, and of the right to fish enjoyed by its fishermen on the Great Bank and elsewhere, but only of their liberty to cure and dry in unsettled places. Otherwise, why such variation in the language employed. It was further absurd to suppose that if the privilege was as important and permanent as it was argued to be, it would be made determinable by so uncertain an event as the settlement of particular spots on the coasts of British territory. Replying to the arguments of Earl Bathurst, Mr. Adams, in a- letter to Lord Castlereagh, dated January 22, 1816, once more enlarged on the peculiar character of the Treaty of 1783, and 14 THE FISHERIES QUESTION, qucstionod how far the statement mndo by Earl Bathurst, that England knew of no exception to the rule that all treaties arc put an end to by a subsequent war was consistent with his admis- sion that the Treaty of 1783 contained some articles wliich were of a permanent character. Ho tlicn himself proceeded to quote instances of treaty stipulations Avhich ho considered would not be abrogated by a Hubseqaent war, and concluded by stating that iu his ojiinion all treaties in the nature of a jierpetnal ohligntion (the expression used by Earl Bathurst) were unaflfcctcd by the inter- vention of hostilities, and that the Treaty of 1783 belonged to their number, not in part merely, but as a whole. The discussion of the points raiseil by this correspondence was terminated by the Convention of London, in 1818, which is set out in the Appendix to this Report. The first Article was inserted in the Treaty under the instruc- tion of Mr. John Quincy Adams to Mr. Rush, which was iu the following tenns : — " The President authorizes you to ngree to an article whereby the United States will desist from the liberty of fishing, and curing, and drying fish within the British jurisdiction generally, upon condition that it shall be secured as a permanent right, not liable to be impaired in any future wars, from Cape Ray to the Rameau Islands, and from Mount Joly, on the Labrador coast, through the Strait of Belle Isle, indefinitely northwards along the coast; the right to extend as well to curing and drying the fish as to fishing." {B. 4" F. State Papers, vol. vii. p. 162.) Mr. E. H. Derby, in his report on the Reciprocity Treaty, prepared by him in 1866 at the request of the Hon. Hugh McCuUoch, Secretary of the Treasurer of the United States, observes as follows: — " The Commissioners, by this Convention, " renounced, for the United States, the right to take or cure fish " within three miles of ' the coasts, bays, harbours, and creeks of " * the Provinces' (except Newfoundland, and Labrador, and the "Magdalen Isles), but reserved the right to enter them for " shelter and repairs. "Upon the day on which they signed the Convention they " wi'ote to J. Q. Adams, our Secretary of State, that this clause "was introduced and insisted upon by them, to prevent any "implication that the fisheries were secured to ub by a new grants TIIK FISHERIES QVEBTION. 14 * " and to show that our renunciation oxtoudocl only three miles " from the coast." Notwithstanding the settlement so arrived at, fresh difficulties subsequent air. continued to arise, chiefly in connexion with the disputed rights of fishing in the Bays of Fundy and Chaleur and the Strait of Canso, to which previous reference has been made; and also with regard to the rights of American fishennen under the Shelter and Repairs Clause of the Convention of 1818, as to which see post, i). Reciprocity Treaty 1854 18. These differences finally led to a third settlement by the treaty ' known as the Reciprocity Treaty, which was negotiated between Lord Elgin and Mr. Marcy, and made July 5th, 1854. Its first and second articles provide that, in addition to the rights given by the Ti'eaty of lSl8, the fishermen of the United States shall have the further right to take fish (except shell-fish) *' on the sea coasts and shores, and in the bays, harbours, and creeks of Canada, New Brunswick, Nova Scotia, and Priuco Edward's Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore, with liberty to land and cure fish on all those shores and on the Magdalen Islands without inter- fering with private rights and property of British subjects." The treaty was not to extend to the river fisheries. Reciprocal advantages were given to British subjects fishing north of latitude 36 N. The Canadians also received under Art. III. of the Treaty very considerable commercial benefits in return for their conces- sions in respect of the fisheries. The privileges accorded to the American fishermen by the Reciprocity Treaty are, it will be observed, considerably greater than those agreed upon under the Convention of 1818. Indeed they closely resemble those claimed under the Treaty of 1783, which were undoubtedly broader than those accepted by Messrs. Gallatin and Rush. " Although our Commissioners," says Mr. Derby, in the Report above quoted, " had in 1818 relinquished the right to come within a marine league of all the shores but those of Labrador and Newfoundland, except for repairs and shelter, (»ur rights, deemed inadmissible, were thus conceded." (Page 13.) The following compendious statement of the results of the Treaties of 1783, 1818, and 1854, may prove useful. " (a) The rights of the United States to the ocean fisheries to remain anmolested. Treaty of 1 "83. 10 THK FI^IIEniKS QUESTION. "(0) ConcuiTcnt rights with British subjects given to the United States fighormcn, with reference to taking fish on the coast of Newfoundland ond on all coasts, bays, harbours, and creeks of tbo English colonies. " (y) The United States fl ihermen given the liberty of curing and drying fkh in unsettled bays, harbours, and creeks, within certain limits." Treaty of 1818. " (a) As above. " (0) Exclusive dominion of the Colonial Governments fixed at three miles from shore, but this dominion made subject to the rights of Americans to fish on definite portions of the coast irrespective of the thrc *' ^s limit. " (7) Tlie United States fishermen given the liberty of drying anu' curing on certain definite portions of the coasts while unsettled." Treaty or istfl. " (a) As above. Treaty of 1844. << (^g^ ^) xiio United States fishermen given the liberty of fishing, curing, and drying oil along the coast. Reciprocal advantages conferred on British fisher* men and traders." The Treaty of 1854 was terminated by notice given by the Presitlent of the United States, in pursuance of an Act of Congress of 18th January, 1865. The question accordingly arises, by what Treaties are the rights of the United States' fishermen now regulated ? Notwitli- standing the doubt intimated by tlio American jurist, Mr. Dana, in a note to his recent edition of Wheaton's '* International Law," it seems clear that the Treaty of 1818 is now in force. A question thereupon arises as to the exact meaning of the " shelter and repairs " clause. " It has been claimed," says President Grant, in his last Message, "that the fishing-vessels " of the United States have no right to enter the open porta " of the British possessions in North America, except for the " purposes of shelter and repairing damages, of purchasing wood, " and obtaining water ; that they have no right to enter at the " British Custom Houses, or to trade there, except in the purchase " of wood and water, and that they must depart within twenty- " four hours after notice to leave." The President goes on to state that at the period of the negotiations of 1818, the British Commissioners desired to insert words that v:ould have effected the objects now aimed at by the Colonial Government, but that the American Commissioners had refused to agree to them, and that finally the clause was iuserted in the shape in which it now stands in the Treaty. The intention of the British authorities to prohibit the eatry of TIIK FI8IIER1KH QUKSTIOV. 17 British poi-ls to Americau fishermen was first uotifled in tho autumn of 1870, and extended as well to tho ports of the dominion of Canada as to those of the other provinces. It was justified hy Vice- Admiral Wellesloy, tho commanding oflicer on the station, us being within the Shelter and Repairs Clause. (^Executive Documents, appended to President's Message of 1870, No. 267.) The Americau Government complain that this prohibition depri"es Americ m fishcrmou of tho privilege they had hitherto enjoyed of eii.uriug British liarbours, and there transshipping in bond the fish caught by them for conveyance to their own ports, and also procuring bait, ice, provisions, and other supplies ; all of which facilities were of great importance, as enabling them to prosecute their voyages with the minimum of interruption or delay. It may also be inferred from tho Executive Documents ap- pended to the President's Message of 1870, that a distinction based on tho construction of the Treaty of 1818 is drawn un tho part of the United States between the case of vessels engaged in tho ocean fisheries and those which fish immediately off" the coast. The withdrawal of these privileges by the Canadian authorities is defended chiefly on the ground that their continuance facili- tated smuggling, and also enabled American-caught fish to com- pete at very ^'reat advantage in the American ports with those imported by the Colonial fishermen. Your Sub-Committee consider, however, that as " it is the un- " doubted right of every nation to prohibit or to allow foreign " commerce with all or any part of its dominions " {Despatch of Mr. Clay to Mr. Gallatin, Br. and Fr. St. Pap. 1826, 1827, p. 590; Marten's Precis du Droit des Gens, § 140), any discus- sion of this point would be nugatory, should Great Britain decide on excluding American traders or fishers from all privileges not expressly secured to them in the ports of the British possessions by the Treaty of 1818. Your Sub-Committee are, however, unable to perceive what advantages could accrue from such a course . being adopted. In international controversies such as that which is novf under part nr. Municipal le~ Consideration, no municipal legislation by cither disputant can guiation of crest IS THR FISIIKUIES QUESTION. fro'vilTce'"* "'" 'l^'octly ftffoct tlio liglitfl of tlio otliei'. Such loKiHlivtion is, in llvct, nothing l)ut a scrips of regulations hiid down for tlio (londnct of tiie subjects of tlio legislating State, and of those aliens who \>y coming within its dominions become tinienable to its jurisdiction. The form and substance of such legislation is, however, important, not only as affording evidence of the view taken by the legislating State of the rights and liabilities of its own and the subjects of other States, but also as amounting in many cases to a claim and exercise of dominion or i)roprieta!'y right. Questions have also been recently raised by the American Government irith respect to certain Acts of the Colonial Legis- latures, and the validity or propriety of proceedings thereunder. It has therefore been considered advisable to include in tho present Report a brief abstract of tho legislation of Great Itritain and the provinces for regulating the fisheries in Iho waters of the eastern coasts of British North America. The Sub-Committee are not cognizant of the existence of any similar legislation by tho Federal Government, or by any of tho United States. Several Acts of the English Parliament were passed on the subject of the North American fisheries before and after the separation of the United States from tho mother country, but the only Imperial Act relevant to the present purpose is the 59 Geo. III. c. 38. This statute, after reciting certain parts of the Convention of 1818, and empowering tho King to make Orders in Council for regulating tho fishery, and for carrying the T^taty into effect, proceeds to enact, § 2, that " From and " after the passing of the Act it shall not be lawful for any person " or persons not being a natural-born subject of his Majesty, in any " foreign ship, vessel, or boat, nor for any person in any ship, vessel " or boat, other than such as shall be navigated according to the laws " of the United Kingdom of Great Britain and Ireland, to fish for " or to take, dry, or cure any fish of any kind whatever within " three marine miles of any coasts, bays, creeks, or harbours " whatever in atiy part of his Majesty's dominions in America "not included withiu the limits specified and described in the "fu'st Article of the said Convention^ and hereinbefore recited; " and that if any such fbreign ship, vessel, or boat, or auy persons " on board thereof, shdU be found fishing or to have been fishing' TIIK riSIIKHIKS QUKSTIOX. 19 " or pvopurinR to HhIi within hik'Ii iliHtiinco of Bucii coantn, bays, " crooks, or Imriioiirs witiiiii niich parts of his MajoKty'siloininioiiH •* in America, ont of the naid liinitM, as aforesaid, all such ships, " vessels, and Itoats, together with their cargoes, and all gnns, " amnuinition, tackle, apparel, fnrnitnre, and stores, shall bo " forfeited, and shall and uuiy be seized, taken, snod for, prosecuted, " recovered, and oondoinncd, by such and the like ways, means, and *' methods, and in the samo Courts as ships, vessels, or boats may " bo forfeited, seized, j)rosoeuted, and condemned for any offeuco " against any laws relating to the revenue or customs, or tho laws "of trade and navigation; under any Act or Acts of tho I'arlia- " mont of Great Britain or of tho United Kingdom of Great " Britain and Ireland, provided that nothing in this Act contained •' shall apply or bo construed to apply to tho sliips or subjects of " any prince, power, or State in amity with his Majesty, who *• aro entitled by treaty with his Majesty to any privilege of " taking, drying, or curing fish on the coasts, bays, crooks, or ** harbours, or within tho limits iu this Act described." § 3. " Provided always, and be it enacted that it shall and may " be lawful for any fishennan of the said United States to outer ** into any such bays or harbours of his Britannic Majesty's " dominions in America as aro last mentioned, for tho purpose of " shelter and repairing damages therein, and of purchasing wood " and of obtaining watci', and for no other purpose whatever, sub- "joct, nevertheless, to such restrictions as may be necessary to " prevent such fishermen of the said United States from taking, " drying, or curing fish in the said bays or harbours, or in any " other manner whatever abusing tho said privileges by the said " treaty and this Act reserved to them, and as shall for that pnr- " pose be imposed by, any Order or Orders to be from time to " time made by his Majesty in Council under the authority of this " Act, and by any regulations which shall be issued by the " Governor or person exercising the office of Governor in any " such parts of his Majesty's dominions in America, under or in " pursuance of any such Order in Council as aforesaid." § 4. " And be it further enacted that if any person or persona ** upon requisition made by the Governor of Newfoundland, or " the person exercising the office of Governor or by the Governor B 2 20 TIIK IMsllKltlKS (^I'KSTION. " or pcruoii oxcrciHinjj; tlio ofHcc of (iovcnior in any other part of " his Miijtwty'H doiuinionH in Anicrioa m aforemviti, or hy any *' oHiccr or ofHcorn actinj; nndur Huch Governor or porwon exi-r- •• ciwing tho iinthority (»f Governor, in execntion of any Orders ••or instrnctionH from hin MajcMty in C'oiincil, whall rcfuHC to , "depart from unch bays, or harlmurn, or if any person or pernonH *• uliall refnse or Mhall neglect to conform to any regnlationH or •• direetionH wiiicli nhail bo made or given for tlio execution of " any of the j)nrpoHes of this Act, every Hneii person ho refusing '• or otherwise offending against this Act, sluill forfeit 200/., to •' bo recovered in tlio Sifi>erior Coiu't of Judicature of tho •• Ishmd of Newfoundland, or in the Superior Court of Judiea- ♦• turo of tho colony, settlement in or near to which such ott'enco •' shall be committed, or by bill, plaint, or information in any •• Court of Record at Westminster, one moiety of such penalty to •• belong to his Majesty, his heirs and successors, and tho other •• moiety to such j)erson or persons as shall sue or prosecute for •• tho same. Provided always, that any such suit or prosecution, " if tho same bo committed in Newfoundland, or in any other •• colony or settlement, shall be commenced within three calendar ♦• months, and if commenced in any of his Majesty's Courts at •• Westminster within twelve calendar months, from tho time of '• the commission of such offence." Subject to any questions which may arise between the Colonies and the mother country, the whole of this Act is now in force. On the 19th June, 1819, an Order in Council was made, by "which, after reciting the Act of 1819, and those parts of the Con- vention which related to the privileges of catching and curing fish on portions of the Newfoundland coast, directions were given that the Governor of Newfoundland should order all English vessels not to interrupt the aforesaid fisheries, and that he should conform himself to the treaty and to such instructions as he should from time to time recelvo thereon in conformity to tho treaty and the Act. Colonial i.cgi«. Tho Consideration of tho Colonial legislation naturally falls under two heads ; first, that of the several provinces ; second, that of the Dominion of Canada, which was constituted under tho provisions of the Imperial Act^ 30 Vict. c. 3, by tho TIIK FISIIKIMK.'S QirKSTION. 81 union of tlio provinces of Cnnmlii, Nova Scotia, anf „,',?,! ulind". "'"''' Prince Edward Island, was confirmed by Order in Council of 3rd September, 1844, and is believed to bo still In force. A statiito, intituled 6 Wm. IV. c. 3, passed by the Legislature (o Nc>yrouna- of Newfoundland, was disallowed by Order in Council, in September, 1836, ami tho Nowfoun«lland fisheries would therefore seem to bo regulated solely by tho Statuto, 59 Geo. III. c. 38, and the Order in Council of 19th June, 1819. Your Sub-Committee have not considered it necessary to state the provisions of the above-mentioned Colonial statutes, inasmuch as they do not vary greatly from each other, or from the statuto of the Dominion of Canada which they now proceed to consider. This statute, 31 Vict. c. 61, was passed by tho Parliament of Canada in tho year 1866, and as amended by another statuto of tho same body, 33 Vict. c. 15, is printed at length in tho Appendix. An examination of its provisions, which as already mentioned do not substantially vary from those of the jirior Provincial Acts, will show tbat it is based on the Imjierial Statute, 59 Geo. III. c. 38, already quoted, and further that the Colonies as early as 1836 claimed the right of seizing and forfeiting vessels fishing, or pre- paring to fish, within the three-mile line, and examining upon oath under penalty tho masters of suspected vessels. These rights appear to have been frequently exercised between the years 1818 Innd, 22 THE FISIIKRIES QUESTION. and 1854, but whether uuiforaily or not your Sub-Committoe have no means of deciding. The references in the passage which lias been quoted from Wlieaton to the Hovering Acts of England and the United States, are important as affecting the statutes whicli claim to forfeit vessels for fishing or preparing to fish witliin tlie territorial limits. The principles in the case of violation of rights of fishing are similar to those of infractions of the revenxxe laws. Every nation claims and exercises the right to punish such infractiuns, whether in their oompletc or their inchoate stages. Mr. Wheaton (^International Lmv, part ii. § 79), is clearly of opinion that such jurisdiction to seize and punish extends in such cases even beyond the limits of the territorial seas, Mr. Uana, in his note to the last edition, has expressed a doubt on tliis point. Ho does not enter- tain any dc-ubt that in such cases forfeiture may properly be exer- cised within the territorial jurisdiction. He says, — " The Revenue Laws of the United States provide that if a " vessel bound to a port in the United States shall, except in " case of necessity, unload cargo within four leagues of the coast, " and before coming to the proper port of entry and unloading, " and receiving permission to do so, the cargo is forfeit, and the " master incurs a penalty ; but the Statute does not authorize " a seizure of foreign vessels Avhen beyond the territorial jurisdic- " tion. The Statute may well be construed to mean only that a " foreign vessel coming to an American port, and then seized for " a violation of revenue regulations committed out of the juris- " diction of the United States, may be confiscated ; but that to *' complete the forfeiture it is essential that the vessel shall be " bound to and shall come within the tei-ritory of the United " States after the prohibited act. The act done beyond the juris- " diction is assumed to be part of an attempt to violate the revenue " laws within the jurisdiction. Under the previous section of " the Act it is made the duty of revenue ofiicers to board all " vessels, for the purpose of examining their papers, within four " leagues of the coast." It is deserving of consideration whether the jurisdiction claimed by the Colonial Statutes,, in respect of the fishermen, and of which the President of the United States complains, in any degree TUU FISHERIES QUESTION. 88 exceeds in principle or in fact that of the American Statute in its most limited application, as thus expounded by Mr. Dana. On this subject President Grant, in his last Message, says, — " The Imperial Government is understood to have delegated *' the whole, or a share, of its jurisdiction or control of these *' in-shore fishing-grounds to the colonial authority known as " the Dominion of Canada; and this same independent but irre- " sponsible agent has exercised its delegated powei's in an un- *' friendly way." By Statute 26 & 27 Vict. c. 24, after declaring (§2) that " Vice- " Admiralty Coui't shall mean any of the existing Vice- Admiralty " Courts enumerated in the Schedule marked A, hereto annexed, *' or any Vice- Admiralty Court which shall hereafter be esta- " blished in any British possession," it is enacted (§ 22), "the " appeal from a decree or order of a Vice- Admiralty Court lies " to her Majesty in Council; but no appeal shall be allowed, save " by permission of the Judge, from any decree or order not " having the force or effect of a definitive sentence or final « order." Among the Courts enumerated in the Schedule A are those of Quebec, New Brunswick, Newfoundland, Nova Scotia, and Prince Edward Island. By 30 & 31 Vict. e. 45, § 16, her Majesty may establish Vice- Admiralty Courts in possessions having legis- lative powers. It appears to be clear, therefore, that the decisions of the Vice-Admiralty Courts of the colonies, before which the cases of fishing- vessels seized under the authority of the Acts above- mentioned would be tried, are subject to appeal to the Judicial Committee of the Privy Council, an Imperial tribunal. When the Reciprocity Treaty was determined, the American part iv. fishermen were thrown back on the Convention of 1818, by which Question ^*»ince they were excluded from fishing within three miles of the shore **'''' '"'^'^ce*- of the Provinces. The British authorities were not, however, anxious to enforce the exclusion of American vessels from waters in which they had been accustomed to take fish for eleven years under the Reciprocity Treaty, and they offered them licences to fish in British waters according to a rate that was considered nominal, namely, 50c. per ton on the tonnage of the vessel. From 24 THE FISHKKIES QUESTION. the first, however, many American vessels neglected or refused to pay for licences, and the British province of Prince Edward Island connived at the violation of the colonial rights for the sake of the trade between that island and the American fishei-men. On the 9th May, 1868, the Duke of Buckingham authorized an increase in the sum charged for licences to two dollars per ton. The three Vessels fishing without a licence were liable to capture, but it vnrninga rule. , . , , ,„, . , . « was usual to give tm'ee warnings. The practical operation of this rule was that any vessel might avoid seizure if she changed her ground at all after the first or second warning. The almost universal evasion of the law by the American fishermen forced on the Canadian Government the necessity of reducing the number of warnings to one (sanctioned by the Duke of Buckingham in. his despatch of the 9th May, 1868); but this was found equally ineffectual; and finally, in 1870, the practice of warning was abolished by law. The necessity which led to this was communi- cated in a friendly spirit to the United States early in 1870, and the Secretary of the Treasury, in a circular issued in May, 1870, called the special attention of American fishermen to the new provision. This is the origin of the complaint in the Message of President Grant : " Vessels have been seized without notice or warning, in violation of the custom previously prevailing, and have been taken into the colonial ports, their voyages broken up, and the vessels condemned." But it is not alleged that any vessels have been so condemned while ignorantly violating what the President calls " the technical rights of Great Britain." vemeu •' pre- The Other head of complaint refers to the powers contained in the Canadian Statute to seize vessels within three miles that are " preparing to fish," although they may not actually have fished. On this point your Sub-Committee would refer to what has been already said by them at the end of Part III. of this Report. Your Committee desire to point out that the question in dispute between this country and America as to the interpretation of "bays;" as to the rights of American fishermen engaged in ocean fishing to resort to Canadian harbours to land fish and procure fishing material and provisions ; as to the propriety of seizing vessels without warning which are found fishing or preparing to fish within the three-mile line ; and as to the jurisdiction of local paring to flsh." THE KI8HEKIES QUKSTION. 25 courts to condemn trespassing vcesels — all involvo ' questions which, if no agreement is speedily arrived at between the Govern- ments of the two countries may lead to serious dangers. It appears to your Sub-Committee that — as in 1854, the Imperial and Colonial Governments were willing to concede to the United States the fullest liberty of fishing within their territorial waters, in consideration of equivalent advantages being granted to British subjects — it would be most desirable that these Questions should be now settled by the negotiation of a new treaty, granting to each party reciprocal benefits; or in i'le event of that being found impracticable, that all matters thus in dispute should be settled by arbitration. Your Sub-Committee have in conclusion to state that it was their wish, had time allowed, to have obtained the revision of their Report by four American jurists. Although this has not been found possible, they venture to hope that they have succeeded in their primary object of giving a full and fair statement of the points at issue. They trust, therefore, that their Report will find acceptance with impartial pei-sons whether in the States or in the United Kingdom and its dependencies, and may thus in some degree aid in the good work of the Anglo-American Association. EdMOND FlTZMAUUlCK. Sheldon Amos. w. a. huntek. A. C. Humphreys. January, 1871. APPENDIX A. TREATY OF 1783. " It having pleased the Divine Providence to dispose the hetivts of the Most Serene and Most Potent Prince George III., by the Grace of God King of Great Britain, France, and Ireland, &c., and of the United States of America, to forget all past misunderstandings and differences that liavo unhappily interrupted the good correspondence and friendship which they mutually wish to restore, and to establish such a beneficial and satisfactory intercourse between the two countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual peace and harmony." Then follow recitals (1) of the Provisional Articles of Paris of the 30th of November, 1782, (2) that the definitive Treaty in accordance with the Articles was not to be concluded until terms of peace had been agreed on between Great Britain and France ; (3) that the Treaty between Great Britain having been since concluded, Mr. Hartley, on the part of Great Britain and France, and Mr. Adams, Mr. Franklin, and Mr. Jay on that of the United States, had been appointed plenipotentiaries for concluding the present definitive Treaty, " who have agreed upon and confinned the following Articles : — " I. His Britannic Mnjesty acknowledges the said United States, viz. Now Hampshire, Mussucbusetts Bay, Kliode Islnnd and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delawnre, ^Maryland, Virginia, North Carolina, South Carolina, and Georgia to bo free, sovereign, and Independent States ; that he ti-eata with them as sucli, and for himself, his heirs and successors, relinquishes all claims to the government, propriety, and territorial rights of the same, and every part thereof. " II. [Sets out the boundaries between the British possessions and the United States.] " III. It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Great Bank, and on all the other banks of Newfoundland j also in the Gulf of St. Lawrence, and at all other places in the sea where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of New- foundland as British fishermen shall use (but not to dry or cure the same on that island), and also on the coasts, bays, and creeks of all other of his Britannic Majesty's dominions in America j and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled ; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fich at such settlement, AITENX>1X. 27 without a previous agreement for that purpose with the iuhnbitants, propriotoi-s, or possessors of the ground. " IV. [Creditors on citlicr side not to be hindered in recovering boni ttdo debts theretofore contracted.] "V. [Congress to rcconnneiul to the State Legislatures the restitution oi confiscated estates of British subjects, with subsidiary provisions.] " VI. [General amnesty and release of State prisoners.] "VII. [Cessation of hostilities and release of prisoners of war; British forces to evacuate and deliver up all positions held by them in the United States.] " VIII. [Navigation of the Mississippi to remain open to subjects of both States.] " IX. [Mutual surrender of places taken by the forces on either side before the arrival in America of the Provisional Articles of Peace.] " X. [Ratifications of the Treaty to be exchanged between the parties within six months from date.] " Done at Paris this 3rd day of September, in the year of our Lord, 1783. "David Hartley, (L.S.) "John Adams, (L.S.) «B. FJIANKLIN, (L.S.) "JouN Jay. (L.S,)" (Martens, Nouveau Eectieil de Traitcs, torn. iii. p. 553). APPENDIX B. CONVENTIOX OP 1818. " Thk United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, desirous to cement the good understanding Avliich happily subsists between them, have for that purpose named their respective plenipotentiaries." Then follows a nomination of Mr. Gallatin and Mr. Rush as the American, and the Right Hon. F. J. Robinson and Mr. Goulburn as the English plenipotentiaries, " who have agreed to and concluded the following Articles : — " I. Whereas difl\>rences have arisen respecting the liberty claimed l,y the United States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, harbours, and creeks of his Britannic Majesty's Dominions in America; it is agreed between the High Contracting Parties that 'the inhabitants of the said United States shall have for ever, 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 Capo Ray to the Ramean Islands, on the western and northern coast of Newlbundland, from the said Cape Bay to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks from Mount Joli, on the southern coast of Labrador, to and througli the Straits of Belleisle, and thence north- wardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson Bay Company. And that the American fisher- men shall also have liberty for ever to dry and cure fish in any of the unsettled bays, harbours, 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 fishermen to dry or cure fish at such portion so settled without previous agreement for 28 ArPEXDix. Bnch purjioso with tho inlinbitnnts, proprietors, or posscgsors of the ground. And the United Stiites hereby renounce for ever nny liberty heretofore enjoyed or claimed by tho inhabitants thereof, to take, dry, or euro fish on or within three marine miles of any of tho coasts, bays, creeks, or harbours of his Mritannic Mi\jesty's dominions in America, not included within tlio above-mentioned limits. Provided, however, that the American fishermen shall bo admitted to enter such bays or harbours for tho purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may bo necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them.' " II. and III. [relate to tho boundary between British and American posses- sions from tho Lake of the Woods to the Stony Mountains.] " IV. [Provisions of tho Convention of London, of the third of July, 1816, with certain exceptions extended and continued in force for ten years from tho date of the signature of the present Convention.] " V. [Provision for referring to arbitration certain claims of the Americans for captured slaves.] " VI. This Convention, when tho same shall have been duly ratified by the President of the United States, by and with tho advice and consent of their Senate, and by his Britannic Majesty, and the respective ratifications mutuall}' exchanged, shall be binding and obligatory on the soid United States, and on his Majesty ; and tho ratifications shall be exchanged in six months from this date, or sooner, if possible. " Albert Gallatin, y " RiCHABD RrsH, " Fkedebick John ROBiNSOif, "Heney Goulboukn. " Ratified by the Prince Regent on the 2nd of November, 1818. " By tho President and Senate on tho 28th of January, 1819." (Martens, Nouveau Mecueil de Traltes, torn. v. Volume SuppUmentaire, p. 406.) APPENDIX C. EECIPROOITY TREATY OP 1854. Article I. — It is agreed by the High Contracting Parties, that in addition to the liberty secured to the United States fishermen by the above-men- tioned Convention of October 20, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein defined, the inhabitants of the United States shall have, in common with tho subjects of her Britannic Majesty, the liberty to take fish of every kind, except shell-fish, on the sea coasts and shoi-es, and in the bays, harbours, and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward's Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore ; with permission to land upon the coasts and shores of those colonies and the islands thereof, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish : provided that in so doing they do not interfere with the rights of private property, or with British fishermen in the peaceable use of any part of the said coast in their occupancy for the same purpose. It IB understood that the above-mentioned liberty applies solely to the APPENDIX. 29 Rea fishery, and that the salmon and shad fisheries, and all fisheries in rivers and the mouths of rivers, are hereby reserved exclusively for British lishermcn. And it is further agreed, that in order to prevent or settle any disputes as to the placfs to which the reservation of exclusive right to British fishermen contained in this Article, and that of fishermen of the United States contained in the next succeeding Article, apply, each of the High Contracting Parties, on the application of either to the other, shall, within six months thereafter, appoint a Commissioner. The said Commissioners, before proceeding to any business, shall make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, without fear, favour, or affection to their own country, upon all such places as are intended to be reserved and excluded from the connnon liberty of fishing under this and the next succeeding Article ; and such declaration shall be entered on the record of their proceedings. The Commissioners shall name some third person to act as an Arbitrator or Umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person, and it shall bo determined by lot which of the two persons 80 named shall be the Arbitrator or Umpire in cases of difference or dis- agreement between the Commissioners. The person so to be chosen to bo Arbitrator or Umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration in a form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on th? record of their proceedings. In the event of the death, absence, or incapacity of either of the Commissioners or of the Arbitrator or Umpire, or of their or his omitting, declining, or ceasing to act as such Commissioner, Arbitrator, or Umpire, another and different person shall be appointed or named as aforesaid, to act as such Commis- sioner, Arbitrator, or Umpire, in the place and stead of the person so originally appointed or named as aforesaid, and shall make and subscribe such declaration as aforesaid. Such Commissioners shall proceed to examine the coasts of the North American provinces and of the United States embraced within the pro- visions of the first and second Aiiicles of this Ti'eaty, and shall designate the places reserved by the said Articles from the common right of fishing therein. The decision of the Commissioners and of the Arbitrator or Umpire shall be given in writing in each case, and shall be signed by them rest fhe High Contracting Parties hereby solemnly engage to consider the decision ot the Commissioners coivjointly, or of the Arbitrator or Umpire, as the case may be, as absolutely final and conclusive in each case decided upon by them or him respectively. Ai-ticle II. — It is agreed by the High Contracting Parties that British subjects shall have, in common with the citizens of the United States, the liberty to take fish of every kind, except shell-fish, on the eastern sea coasts and shores of the United States north of the 36th parallel of north latitude, and on the shores of the several islands thereui.to adjacent, and in the bays, harbours, and creeks of the said sea coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore ; Svith permission to laud upon the said coasts of 30 APPKNDIX. the United States and of the islandn aforesaid foi- the purpose of drying their nets and curine their fish, provided that in ho uoini^ they do not interfere with the rights of jirivnte ])r()perty, or with the fishermen of the United States in tlie peaceahlo use of any part of the said coasts in their occupancy for the same purpose. It is understood that tlie above-mentioned liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States. Article III, — It is agreed that the articles enumerated in the Schedula hereunto annexed, being tlie growth and produce of the aforesaid British colonies, or of the United States, shall bo admitted into each country respectively free of duty. Schedule. Grain, flour, and bread-stuffs of all kinds. Animals of all kinds. Fresh, smoked, and salted meats. Cotton- wool, seeds, and vegetables. Undried fruits ; dried fruits. Fish of all kinds. Products of fish and all other creatures living in the water. Poultry. Hides, furs, skins or tails undressed. Stone or marble in its crude or unwrought state. Slate. Butter, cheese, tallow. Lard, horns, manures. Ores of metals of all kinds. Coal. Pitch, tar, turpentine, ashes. Timber, and lumber of all kinds, round, hewed, and sawed, unraanu- factured in whole or in part. Firewood. Plants, shrubs, and trees. Pelts, wool. Fish-oil. Rice, broom-corn, and bark. Gypsum, ground or unground. Hewn, or wrought or unwrought burr or grindstones. Dye stuiTs. Flax, hemp, and tow, unmanufactured. Unmanufactui'ed tobacco. Rags. Aiticle IV. — It is agreed that the citizens and inhabitants of the United States shall have the right to navigate the River St. Lawrence and the canals in Canada used as the tneans of communicating between the Great Lakes and the Atlantic Ocean, with their vessels, boats, and crafts, as fully and freely as the subjects of her Britannic Majesty, subject only to the same tolls and other assessments as now are or may hereafter be exacted of her Majesty's said subjects ; it being understood, however, that the British Government retains the right of suspending this privilege, on giving due notice thereof to the Government of the United States. APPKNDIX. 31 It is furtlior af^rced, that if at any time tho British Ctovonimont hUouUI exerciHo thit Hiiid ri-Hcrved rij^ht, tlie (lovenuiu'iit of the Unitod States shall have tho right of Huspeiuliiif^, if it think fit, tho operation of Article III. of tho ijresent Treaty, in ho far as the province of Canada is atlected therehy, for so long as the suspension of tho free navigation of tho llivor St. Lawrence or tho canals nniy continue. It is further agreed, that British subjects shall hiivo the right freely to navigate Luke Michigan with their vessels, boats, and crafts, so long uh tho privilege of navigating tho lliver St. Lawrence, secured to American citizens by tho above clause of tiio present Article, shall continue ; and the (Jovernment of the United States further engages to urge upon the State (lovernments to secure to tho subjects of her Britannic Majesty the use of the several State canals on terms of equality witli tho inhabitants of tho United States. And it is further agreed, that no export duty or other duty shall bo levied on hnnber or timber of any kind cut on that i)ortion of the American territory in tho state of Maine watered by tho liivor St. John and its tributaries, and floated down that river to the .sea, when the same is shipped to the United States from the province of New Brunswick. Article V. — The present . Treaty shall take effect as soon as the laws re* Juired to carry it into operation shall have been passed by the Imperial 'arliament o^ Great Biitain and by tho Provincial Parliaments of those of tho British North American Colonies which are affected by this Treaty on the one hand, and by the Congress of tho United States on tho other. Such assent having been given, the Treaty shall remain in force for ten years from tho date at which it may come into opei'ation, and further, until the expiration of twelve months after either of tho High Contracting Parties shall give notice to tho other of its wish to terminate the same ; each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said term of ten years, or at any time afterwards. It is clearly understood, however, that this stipulation is not intended to affect the reservation made by Article IV. of the present Treaty with regard to the right of temporarily suspending the operation of Articles III. and IV. thereof. - Article VI. — And it is hereby further agreed, that the provisions and stipulations of tho foregoing Articles shall extend to tho Island of New- foundland, so far as they are applicable to that colony. But if the Imperial Parliament, the Provincial Parliament of Newfoundland, or the Congress of the United States, shall not embrace, in their laws enacted for carrying this Treaty into effect, tho Colony of Newfoundland, then this Article sh.iU bo of no effect ; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair the remaining Articles of this Treaty. Article VII. — The present Treaty shall bo duly ratified, and the mutual exchange of ratifications shall take place in Washington, within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty, and have hereunto aflSxed our seals. Done, in triplicate, at Washington, the fifth day of June, Anno Domini one thousand eight hundred and fifty-four. ElGIIT AND KiNCABDINE. W. L. MaIICT. (L.S.) {L.S.) 88 APPKNDIX. APPENDIX D. CLAUSES OF anc;lo-french treaty. Extracts from tlio Anglo-French Fishery Convention of 1867 (seo 30 & 81 Vict. c. 45) :— "I. Dritinh fiithornicn shall enjoy the exclusive right of fishing within tho distnnco of three inilos fVoin low wnter-niurk, ulong tho whole extent of tiia consts of the Hritish Isliiiuls ; and French fishermen shnll enjoy the exclusive right of fishing within the ilistnnce of three miles from low wnter-murk along the wliolo extent of the coast of Frniice ; the only exception to this'rulo being that part of the coast of Franco which lies between Capo Carteret and Point Nieinga. " Tlio distance of three miles fixed as the general limit for tho exclusive right of fishery ujwn tlio coasts of the two countries shall, witii resfwct to bays, tho mouths of which do not exceed ten miles in width, be measured from u straiglit line drawn from headland to headland. " The miles mentioned in the present Convention arc geographical miles, whereof sixty make a degree of latitude." • « m « « « " XXXI. Fishing-boats of either of the two countries shall bo admitted to sell their fish in such ports of the other country as may bo designated for that purpose, on condition that they conform to the regulations nnitually agreed upon. Those regulations, together with a list of the ]K)rts, are annexed to tho present Convention ; but without prejudice to the opening by cither country of any additional ports. "XXXII. The fishing'boats of the one country shall not enter within tho fishery limits fixed for the other country, except under tho following circum- stances: — " 1. When driven by stress of weather, or by evident damage. " 2. When carried in by contrary winds, by stray tides, or by any other canse beyond the control of master and crew. " 3. When obliged by contrary winds or tide to beat up in order to reach their fishing-ground ; and when from tho same cause of contrary winds or tide they could not, if they remained outside, be able to hold on their courae to their flslling-ground. " 4. When, during the herring fishery season, the herring-boats of tho one country shall find it necessary to anchor under shelter of the coasts of the other country, in order to await the opportunity of proceeding to their fishing-grounds. " 5. When proceeding to any of tho ports of the other country open to thorn for the sale of fish, in accordance with Art. XXXI. ; but in sucb case they shall never have oyster-dredges on board." APPENDIX E. (Colonial Fisheet Statute.) AN ACT RESPECTING FISHING BY FOREIGN VESSELS. lAssented to 22nd May, 1868. Pnamble. H^R MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada enacts as follows :— Governor may 1. The Governor may, from time to time, grant to any foreign ship, grant Uc«uc«s to vessel, or boat, or to any ship, vessel, or boat not navigated according to AIM'KNDrx. 33 Iho IftWB of tlio United Kingdom, or of Ciiimdii, at such rnto, and for Huch Porelun vni«ti, noriod n(/t cxccodiii^ oup yi'iir, iih Iu) may di'cm expedient, a licenee to finh ^"(,'1,^" watenf) for or take, dry or euro any tisli of luiy kind wlnitever, in British waterH, within three mllei witliin tliree niiiriiio niilcH of any of the couHtN, l)ayH, rreekn, or liarhoiirH "'' '•'" coatti of whatever, ofCanachi. not included witliin tlie liinitH npecitied and descrihed in the tirst article of the convention hetween his late MaicHty King (Jeorj^e the Tliird and the United States of America, made and Higned at London on the Twentieth day of October, IHIS. 2. An}' commiHsioned officer of her Majesty's Navy nerving on board Certain BritUh of any vchhcI of her AInjesty'H Navy eniiNing and being in the waterH of ""[', ,mgyJoif3 Canatla for piirpoHe of affording i)rotection to her Miijenty's subjects vcmteiH hovering engaged in the fisheries, or any commiswioned ofHcerofher Majesty's Navy, 'n British wateri Fisher}' ofKcer. orSti])endiary Magistrate on board of any vessel belonging i]'„J/|^ * ** to or in the service of the Government of Canada and emjiloved in the service of protecting the fisheries, or any officer of the ("nstotns of Canada, Sherifl", Magistrate or other person dul>' commissioned for that purpose, may go on board of any ship, vessel or l)oat within any harbour in Canada or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks or harbours in Canada, and stay on board so long as she may remain witliin such place or distance. 3. [tf such ship, vessel or boat bo bound elsewhere, and shall continue Such veweli r«- within such harbour or hovering for twenty-four hours after the m^y *be°brouBh» Master shall have been HMjuired to depart.] Any one of such officers into port, ftc. or persons as are above mentioned may bring [suchj any ship, vessel, or Doat being within any harbour in Canada, or hovering in British waters, within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, into j)ort and search her cargo, and may also examine the Master upon oath touching the cargo and voyage ; and if the Master or person in command shall not truly anbwcr the questions put to him in such examination, he shall forfeit four hundred dollars ; and if such ship, And forfeited in vessel or boat be foreign, or not navigated according to the laws of the *^*"* " ****'" United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbours of Canada, not included within the above-mentioned limits, without a licence, or after the expira- tion of the period named in the last licence granted to such ship, vessel, or boat under the first section of this Act, such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof shall be forfeited '. 4. All goods, ships, vessels, and boats, and the tackle, rigging, apparel, Vessels, ftc, furniture, stores, and cargo liable to forfeiture under this Act, may be jefied!** '"*'' ** seized and secured by any officers or persons mentioned in the second sec- tion of this Act ; and every person opposing any officer or person in the execution of his duty under this Act, or aiding or abetting any other per- son in any opposition, shall forfeit eight hundred dollars, and shall be Penalty for re- guilty of a misdemeaner, and upon conviction be liable to imprisonment ''s''n8 seizure, for a term not exceeding two years. 5. Goods, ships, vessels, and boats, and the tackle, rigging, apparel. How such vei- furniture, stores, and cargo seized as liable to forfeiture under this Act, 'ei'. *«•• 'hall be shall be forthwith delivered into the custody of the Collector or other prin- '**"'* *" "P** cipal officer of the Customs at the port nearest to the place where seized, ' The words in brackets are omitted, and the word " any " in italics inserted in this section by the Canadian Act, 33 Vict. c. 15. C 84 Al'PKNDIX. to bo secured and kept as other ^oodH, Hliipii, vcdhcIh, and boatii, and the tackli>, ringing, unparel, furniture, Htorox, and ciirgo Hci/.cd are directed by the laws in force m the Province in which nuch port Ih Hituate to l>e Hccured and kept, or into Huch other cuHtody and keeping ati the Governor' in Council, or a Court of Vice-Admiralty hIuiU order. When eon- 0, All goodH, vcHRcl.t, and boatH, and the tackle, rigging, apparel, fnrni- bJ^uollon *"*"''' ^"'"''' "**""*"'''''' cargo, condemned an forfeited under this Act Hhall, by direction of the Collector or other principal otiicer of the CuHtoms at the port where the Hoizure has been secured be sold at public auction ; and the Application of prococdH of such sale Hhall be applied aH follows : The amount chargeable - proowdi of i«le. for the custody of the property seized shall first be deducted and naid over for that service, one half of the remainder shall be paid without ueduction to the oilicer or person seizing the same ; and the other half, ailer first deducting therefrom all costs incurred, shall be paid to the Receiver Provlio : vei General of Canada through the Department of Marine and Fislieries ; but relerved'for'pul^ *'*" Govenior in Council may, nevertheless, direct that any ship, vessel, lie lervlce. boat or goods, and the tackle, rigging, ai)parel, furniture, stores, and cargo seized and forfeited shall be destroyed, or bo reserved for the pubHo service. Forfeiture how 7. Any penalty or forfeiture under this Act may be prosecuted and reco- enforced. vered in any Court of Vice-Admiralty within Canada. Vesiei, ice.. 8. The Judge of the Court of Vice- Admiralty may, with the consent of "rTiecurlty beini ^^*' person seizing any goods, ship, vessel or boat, and the tackle, rigging, given. apparel, furniture, stores, and cargo, as forfeited under this Act, order the Value to be dU- rc-delivery thereof, on security by bond to be given by the party, with two o'f condemnation*, sureties, to the use of her Majesty : and in case any goods, ship, vessel, or boat, or the tackle, rigging, apparel, furniture, stores, and cargo so re- delivered is condemned as forfeited, the value thereof shall be paid into court and distributed as above directed. Attorney Gene- 9. Her M^esty's Attorney-General for Canada may sue for and recover raWor Canada to ;„ ber Majesty's name any penalty or forfeiture incurred under this Act. Ai to proof of 10. In case a dispute arises as to whether any seizure has or has not legality of ielz- \yQQjy legally made, or as to whether the person seizing was or was not authorized to seize under this Act, oral evidence may be heard thereupon, and the burden of proving the illegality of the seizure shall be upon the owner or claimant. Claim* must be 11. No claim to any thing seized under this Act and returned into any made on oath. Court of Vice- Admiralty for adjudication, shall be admitted unless the claim be entered under oath, with the name of the owner, his residence and occupation, and the description of the property claimed : which oath shall be made by the owner, his attorney, or agent, and to the best of his knowledge and oelief. And lecurlty 12. No person shall enter a claim to any thing seized under this Act must be given, until gncurity has been given in a penalty not exceeding two hundred and forty dollars to answer and pay costs occasioned by such claim ; and in default of such security the things seized shall be adjudged forfeited, and shall be condemned. Protection of 13. No Writ shall be sued out against any officer or other person officers &c., act- authorized to seize under this Act for anything done under this Act, until Act. "" ""^ * o"6 month after notice in writing delivered to him or left at his usual place of abode by the person intending to sue out such Writ, his attorney, or agent ; in which notice shall be contained the cause of action, the name Ari'K.NDIX. 85 and place of nhmlo of tlic portton who iit to bring the nction, and of his attorney or agent ; and no cvidonce of any cnime of action nhall bo jjro- duced except mieh an Hhall he contained in nucIi notice. '14. KveryHUch action Hhall be brought within throe c months aller the Mmlutlon of cauHe thereof haH ariHcn. '"''•• 16. If on any inf')nnation or unit brought to trial under tluH A>t on If Judgment be account of any Hci/ure, iudgnient Hhall Itc given for the dainianl, and the f*". A'" '"''""'"'" II f^ ii. \ \\ 1-7 ii I .u 111 111 liuttlifrewfBiiiiro- Juuge or Court flhall cert it v on the record that tliero waH iirolialile cauHe baiilu cauiie of of Heizuro, tho "laimant Hhall not re<'()ver ccwtn, nor nhall tiie pcrHon who wlture no cott* made the seizure be liable to any indictment or suit on account thereof; ' "*" ' and if any suit or proHccution be brought againHt any pernon on aendi. party complaining, oi' to his attorney or agent, and may plead such tender. 17. All actions for the recovery of penalties or forfeitures imposed by Limitation foi this Act must be commenced within three years after the offence com- penahlei. mitted. 18. No appeal shall be prosecuted from any decree or sentence of any A« to appeal! Court touching any penalty or forfeiture imposed by this Act, unless the J[e'r"thirAct! ""' inhibition be ap]>lied for and decreed within twelve months from tho decree or sentence being pronounced. 19. In cases of seizure under this Act, the Governor in Council may, by Governor In order, direct a stay of i)roceedings ; and in cases of condemnation may Hev^ft '^penalty, relieve from the penalty' in whole or in part, and on such terms as may bo deemed right. 20. The several provisions of this Act shall apply to any foreign ship, Act to apply to vessel, or boat in or upon the inland waters of Canada ; and the provi- arid"othcr*Couru sions hereinbefore contained in respect to any proceedings in a Court of auhntituted for Vice-Admiralty shall, in tho case ot any foreign ship, vessel, or boat, in or ^'^* h^aw'™'*' upon the inland waters of Canada, apply to, and any penalty or forfeiture in respect thereof shall be prosecuted and recovered in one of the Superior Courts of the province within which such cause of prosecution may arise. 21. Neither the ninety-fourth chapter of the Kevised Statutes of Nova Certain enact- Scotia (third series), " Of the Comt and Deep Sea Fuherien," nor the JJ^Bln^uilpply Act of the Legislature of the province of Nova Scotia, passed in the to caws provided twenty-ninth year of her Majesty's reign, chapter thirty-ftve, amending for by this Act. the same, nor the Act of the Legislature of the province of New Bruns- wick, passed in the sixteenth year of her Majesty's reign, chapter sixty- nine, intituled, " An Act relating to the Coast Fisheries, and for the Prevention of Illicit Trade," shall apply to any case to which this Act applies ; and so much of the said chapter, and of each of the said Acts, as makes provision for cases provided lor by this Act, is hereby declared to be inapplicable to such cases. c 2 a 3 a ■ r- -s •p a fi 'is 01 a « H OS H CO I i^Sgs§sio§.i. 3 • n Org* Ills go ^^ c a 4) .5 2 s •£ S a s s •>»«« -'" ^ •- .a u *' a C « ur;,, <3 O K K ^ f;i i 8W "3 >fl (U ,£3 a . a'" S IS "a « S ^ , t: a S 0) « S^ 3.S a a ci a I* *3 .S >• O rS £:g ,a 2 So <« a .S a 13 1-1 03 pq o 00 a o 00 i-s JS •4.3 § . SOI cs p .a o is I I 5 -3 1 I o i3 Ms a § feJJ a o^a »« a 2 % ■ V "3 J. 9 ^'° I aw fl H3 a^-. J sw ^ « "^ g.a g 8 8 ■ 1 « Sc3 S a « 8 § be a I n -s"^ ' K •" I.J i«SSS III. a TS ^ a ■s bca O C3 ^ S<|3 bo 60 bo a B bo U .9 OS "3 a S >.a|| 1^ ^ 9^ bo bo bo B a ^W'SmPLiO'^-S V si £ o ■4 a at CO a o a S h-H f. -a W •$ •s Cm Tl s S.r/5 ^ § a^i^i (u a avis, Rer. James. Delf, Captain, Colchester. Dilke, Sir Charles W., M.P. Dixon, Qeorge, Esq., M.P. Eyre, G. E. Briscoe, Esq. Ferguson, Robert, Esq., Carlisle. •Pitzmaurice, Lord Eilmond, M.P. Foggo, George, Esq., Leadenhii'l Street. Freelove, P. J., Esq., Great Bnrdfield. Freeman, E. A., Esq., Somerleaze, Wells. Gouriey, E. T., Esq., M.P. Gower, The Hon. P. Leveson, M.P. Grove, George, Esq., F.R.A.S., Crystal Palace. Hamilton, Edmund, Esq., M.D., Grafton Street. •Harcourt, W. Vernon, Esq., Q.C., M.P., Professor of International Law, University of Cambridge. •Hastings, G. W., Esq., Temple. Hastings, Rev. F. Herbert, The Hon. Aubcron, M.P. Hill, Alsager H., Esq. • Hill, Frank H., Esq. Hills, Herbert, Esq., Temple. Hobart, Lord. Hole, James, Esq., Associated Chambers of Commerce. Holland, Sir Hen^, Bart. •Hopwood, C. H., Esq., Temple. Hopwood, Rev. Walter W., South Lincolnshire. Howard, The Hon. Charles W., M.P. Houghton, The Right Honourable Lord Howard, James, Esq., M.P. •Humphreys, A. C, Esq., Lincoln's Inn. •Hunter, W. A., Esq., Professor of Roman Law, University College. Illingwortb, Alfred, Esq., M.P. Jackson, Henry, Esq., Fellow of Trinity College, Cambridge. James, Henry, Esq., Q.C., M.P. Jebb, B. C, Esq., Public Orator in the University of Cambridge. Jenkins, Edward, Esq., Temple. Jerrold, Blanchard, Esq. Johnes, A. J., Esq., Garthmyl. Jones, Sir Willoughby, Bart. Kennedy, W. B., Esq., Fellow of Pembroke College, Cambridge. Lament. James, Esq., Arthur's Club. Langley, J. B., Esq., LL.D. Lascelles, F. H., Esq., Farnham. LIST OF MEMBERS. j Lawrence, P. H., Esq., Solicitor to the Board of Worki. Lea, George Henry, Esq., Lincoln's Inu. Lea, Thomas, Esq., M.P. Leatliam, E. A., Esq., M.P. Leslie, T. E. Cliffe, Esq., Lincoln's Inn. Lichfield, The light Hon. the Earl of. Litchfield, R. B., Esq., Temple. Lubhock, Sir John, Bart., M.P. Lushington, Vernon, Esq., Q.C., Lincoln's Inn. Macfie, R. A., Esq., M.P. McArthur, Alexander, Esq., M.L.S.B. *Mc Arthur, William, Esq., M.P. McLaren, Duncan, Esq., M.P. Maclean, P. W., Esq., Lincoln's Inn. Macmillan, A., Esq. Morgan, Octavius Vaughan, Esq., The Boltona. Mallet, Sir Louis, C.B. Morris, Edward E., Esq., Haileybury College. Morlcy, John, Esq. Morris, Lewis, Esq. •Mundella, A. J., Esq., M.P. Nathan, E. H., Esq., Snaresbrook. Nield, William, Esq., Wanstead. Noble, John, Esq. Noel, Ernest, Esq. Osborne, Captain Sherard, R.N., C.B. Otter, ¥., Esq., Lincoln's Inn. Page, Captain S. Flood, Wimbledon. Pattison, W. P., Esq., Cornhill. Paul, Rev. C. K., M.A., Wimborne. Parlane, James, Esq., Manchester. ♦Pears, Edwin, Esq., Temple. Pease, Edward, Esq., Darlington. •Pennington, Frederick, Esq. Pierce, J. T., Esq., Temple. Pollock, P., Esq., Montagu Square. Price, Connell, Esq., Haileybury College. •Rae, W. P., Esq., Rolls' Buildings. Rathbone, William, Esq., M.P. ♦Rawlins, W. D., Esq., Fellow of Trinity College, Cambridge. Reid, Peter, Esq., (Messrs. Cazenove Brothers). Richard, Henry, Esq., M.P. Rigby, John, Esq., Lincoln's Inn. Robarts, C. H., Esq., Fellow of All Saints', Oxford. Robertson, G. Croom, Esq., Professor of Philosophy of Mind and Lome, University College. Robinson, J. R., Esq. Robinson, Lionel, Esq. Rogers, J. E. Thorold, Esq., late Professor of Political Economy, Oxford. Samuelson, B., Esq., M.P. Sandars, T. C, Esq., Lincoln's Inn. •Schenley, Edward H., Esq., Prince's Gate. Selway, W. R., Esq. 5 LIST OF MEMBERS. ShadwcII, C. L., Egq., Fellow of Oriol CoUego, Oxford. Shaw, S. Piirsons, Esq., Manchester. Shorrocks, Ecclea, Esq., Over Darwcn. •Smalley. G. W., Esq, Smith, B. Ijeigb, Esq., Oxford and Cambridge Club. Spencer, Herbert, Esq. Staniforth, J., Esq., St. James's Club. Stanley, The Hon. E. Lyulpli. Starr, Henry, Esq., Moorgate Street. Stepney, W. P. Cowell, Esq. Style, George, Esq., M.A. Taylor, P. A., Esq., M.P. Templar, J. C., Esq., Master of the Exchequer. *Torren8, W. McCullngli, Esq., M.P. Tracy, The Hon. Charles Hanbury, M.P. TroUope, Anthony, Esq. Turberville, T. C, Esq. VJlliers, The Right Hon. Charles Pelham, M.P. Vincent, John, Esq., Moorgate Street. Ward, F. R., Esq., Gray's Inn. Warner, Henry Lee, Esq., Rugby School. *We8tlake, John, Esq., Lincoln's Inn. White, James, Esq., M.P. Wicks, James, Esq., Colchester. Wilkinson, George, Esq., Wanstead. Wilson, E. D. J., Esq., Gray's Inn. Wilson, John C, Esq., Exeter College, Oxford. Wolseley, General Sir Charles, K.C.B. Wright, R. S., Esq., Temple. Young, Sir George, Bart. Young, Rev. £. M., Harrow School. HON. SEOBBTABY AND TBEASUBBB. y •P. W. Chesson, Esq. The Committee have Hxed the Annual Subscription at Ten Shillinffa and upwards. Post-office Orders should be made payable at Charing Cross.