666 68 "I am also in possession of the affidavit of Alex. T. Vachem, master of the American fishing schooner "Mascotte," who entered Port Amherst, Magdalen Islands, and was there threatened by the Customs official with seizure of his vessel, if he attempted to obtain bait for fishing or take a pilot.' "And from a Report of the Customs officer at Magdalen Islands, a copy of which, so far as it relates to the case in point, is hereto annexed, it appears that no grounds exist for the complaint made by the master of the 'Mascotte.' 6 "The Minister states that Captain Vachem was served with a printed copy of the warning,' and was, in addition, informed by the Collector that under the treaty of 1818 he had no right to buy bait or to ship men. He was not forbidden to take fish, but, on the contrary, the Collector pointed out to him on the chart the places in which, by the convention of 1818, he, as a United States fisherman, had the right to inshore fishing, and one of the places so pointed out to him was the Magdalen Islands. "Notwithstanding the warning' and the personal explanation of the Collector, it appears that Captain Vachem did go up the country and attempt to hire men, and upon his return informed the Collector that he could not get any. For this, clearly an illegal act he was not interefered with by the Collector. "The Minister further observes that the convention of 1818, while it grants to United States fishermen the right of fishing in common with British subjects on the shores of the Magdalen Islands, does not confer upon them privileges of trading or of shipping men, and it was against possible acts of the latter kind, and not against fishing inshore, or seeking the rights of hospitality guaranteed under the treaty, that Captain Vachem was warned by the Collector." When, therefore, Lord Iddesleigh wrote the letter to Mr. Phelps of the 30th November, 1886, above referred to, he had in mind that he had, a few days before, instructed the British Ambassador at Washington to communicate the position taken by Canada, on the question of purchase of bait, as shown by the Order in Council. Under these circumstances, it is quite impossible to construe his letter of the 30th November, 1886, as an acknowledgment that, in his opinion, American fishermen were entitled to purchase bait under the treaty of 1818. Indeed, the language of other parts of his letter indicates that he was endeavouring to ascertain what the United States contention was, rather than admitting that its contention was correct. And Mr. Phelps' reply of the 26th January, 1887, indicates that he so understood Lord Iddesleigh. He said: 69 "In view of the very grave questions that exists as to the extent of those rights, in respect to which the views of the United States Government differ so widely from those insisted upon by Her Majesty's Government, it does not seem to me an unreasonable proposal that the two Governments, by a temporary and mutual concession, without prejudice, should endeavour to reach some middle ground of ad interim construction, by which existing friendly relations might be preserved, until some permanent Treaty arrangements could be made (British Case, App., p. 400)." INHIBITION OF COLONIAL LEGISLATION. The United States refers to the correspondence relating to the "Thomas F. Bayard" and the "Mascotte" for the further purpose of establishing that a British Colonial Secretary at one time (3rd) August, 1863) intimated, to the Government of New Foundland, that local legislation, prohibitory of the sale of bait, would not be sanctioned. But there is nothing to show that the Colonial Secretarys reason for so intimating had the slightest connection with the treaty liberties. In 1863, the reciprocity treaty of 1854 was in force; and the Colonial Secretary's letter cannot be held to be indicative the policy of the Colonial Office under other conditions. Indeed, after the expiration of the treaty, such legislation was sanctioned (United States Case, App., p. 806). NORTH ATLANTIC COAST FISHERIES APPENDIX TO THE COUNTER-CASE PRESENTED ON THE PART OF THE GOVERNMENT OF HIS BRITANNIC MAJESTY TO THE TRIBUNAL CONSTITUTED UNDER AN AGREEMENT SIGNED AT WASHINGTON ON THE 27TH DAY OF JANUARY, 1909, BETWEEN HIS BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA I TABLE OF CONTENTS.* No. Date. PART I.-Treaties. Description. Treaty of Alliance between the United States of America and France. Treaty between the United States of America and the Republic of Page. 1 3 3 12 PART II.-Documents bearing on the Treaty of 1783. 1776, July 4.. United States: Declaration of Independence... United States: Instructions of Congress to the Commissioners to United States: Journals of the Continental Congress. (Extracts).... United States: Resolution of Congress in reference to terms of peace. United States: Resolution of Congress revoking Mr. Adams' Com. Letter: Mr. Livingston to Mr. Jay. (Extract).. United States: Report of a Committee of Congress consisting of Mr. Letter: Mr. Livingston, United States Secretary of State, to General Letter: Mr. Livingston to the Governors of the various States. Letter: Lord Shelburne, British Colonial Secretary, to Dr. Franklin. Memoranda furnished by Lord Shelburne to Mr. Oswald after his Dr. Franklin's Journal. (Extract). Mr. Oswald's Minutes. (Extract).. Letter: Mr. Grenville to Mr. Fox. (Extract). Letter: Mr. Oswald to Lord Shelburne. (Extract). Letter: Mr. Fox to The King. British Cabinet Minute.. Letter: Mr. Fox to Mr. Grenville. Dr. Franklin's Journal. (Extract). 31 1782, June 4. 32 1782, June 5. Dr. Franklin's Journal. (Extract). 33 1782, June 5. Letter: Mr. Grenville to Mr. Fox. (Extract). Lord Shelburne's instructions to Sir Guy Carleton and Vice-Admiral *The page references in this Table of Contents are to the pages of the original publication, which are shown inset in this publication. |