Office of the Historian

No. 192.
Mr. Fish to Sir Edward Thornton.

Department of State,
Washington, June 25, 1873.

Sir: I have the honor to acknowledge the reception of your note of the 19th instant, transmitting, in compliance with instructions from Earl Granville, a copy of an act passed by the legislature of Newfoundland to carry into effect articles 18 to 25 of the treaty of May 8, 1871. In this note you state that you are instructed to inquire whether the President of the United States will be prepared on the 1st of July next to issue a proclamation with reference to Newfoundland, in accordance with the second section of a recent act of Congress relating to the treaty of Washington.

An examination of the act passed by the legislature of Newfoundland discloses that the suspension by that legislature of the laws which operate to prevent the articles referred to of the treaty from taking full effect, is qualified and is accompanied by a proviso that certain laws, rules, and regulations relating to the time and manner of prosecuting the fisheries on the coasts of Newfoundland are not to be in any way affected by such suspension.

From your note of 20th instant, I understand that, from a report made by the attorney-general of Newfoundland to the governor, it would appear [Page 430] that the proviso referred to contemplates a restriction, in point of time, of the herring fisheries on the western coast of the island.

The treaty places no limitation of time within the period during which the articles relating to the fisheries are to remain in force, either upon the right of taking fish, on the one hand, or of the exemption from duty of fish and fish-oil, (as mentioned therein.)

I regret, therefore, that the act of the legislature of Newfoundland, which reserves a right to restrict the American right of fishing within certain periods of the year, does not appear to be such consent on the part of the colony of Newfoundland to the application of the stipulations and provisions of articles 18 to 25 of the treaty as is contemplated by the act of Congress to which you refer, and in accordance with which the proclamation of the President is to issue.

I have, &c.,

Hamilton Fish.