Ambassador Reid to
the Secretary of State.
American Embassy,
London, February 15,
1906.
No. 154.]
Sir: With reference to your instruction to Mr.
Garter, No. 118, of the 3d ultimo, drawing attention to the terms of the
British memorandum inclosed in Mr. Carter’s No. 107 of the 16th of
December last, relative to the reported construction by American
fishermen of platforms for freezing herring on the shore of the Bay of
Islands, on the west coast of Newfoundland, I have the honor to inclose
herewith a copy of a note from the foreign office, dated the 13th
instant, covering a copy of an amended memorandum, from which it will be
observed that Sir Edward Grey accepts the alteration suggested in Mr.
Carter’s note of the 16th of January, a copy of which is herewith
inclosed, and expresses his regret that there should have been any room
for misapprehension from the quotation, for the sake of brevity, of only
a portion of Article I of the treaty of 1818.
The amended memorandum, it will be seen, quotes the whole context of the
article of the treaty, so far as applicable to the case in question.
I have, etc.,
[Inclosure 1.]
Chargé Carter
to Sir Edward Grey.
American Embassy,
London, January 16,
1906.
Sir: With reference to my note of the 18th
ultimo, in which I stated that the Secretary of State had advised
the Secretary of Commerce and Labor in exact conformity with the
views, set forth in your memorandum handed me by Mr. Villiers on the
16th of that month, that our fishermen are not entitled to construct
platforms for freezing herring on the west coast of Newfoundland, I
have the honor to draw your attention to an omission in the
memorandum, without doubt inadvertent, of part of the context of
Article I of the treaty of 1818.
The memorandum, as actually worded, would seem to make it appear that
by the treaty the United States renounced the liberty to take, dry,
or cure fish on any of the coasts, etc., of Newfoundland other than
the southern coast between Cape Ray and the Rameau Islands; whereas
in point of fact, by the whole context of Article I of the treaty,
our fishermen have the right to take fish within certain described
limits on the western and northern coasts of Newfoundland, as well
as in certain other localities.
My interpretation of your memorandum was, that out fishermen by the
treaty were excluded from drying and curing fish, so far as
Newfoundland is concerned, elsewhere than on the southern coast, but
in order to remove all misunderstanding I venture to call your
attention to the language of the memorandum, which might otherwise
be misleading.
[Page 684]
That the Secretary of State understood my telegram of December 16, in
which I conveyed to him the substance of the memorandum in question,
to mean that reference was made to the drying and curing of fish and
not to the taking of fish, will be seen by the language of his
telegraphic reply of the same date, which was conveyed in my note to
you of the 18th of December, “that our fishermen are not entitled to
construct platforms for the freezing of herring on the west coast of
Newfoundland.”
I venture, therefore, to hope that you will be so good as to cause
the memorandum above mentioned to be so amended in the sense
indicated that all possibility of ambiguity may be thereby
removed.
I have, etc.,
[Inclosure 2.]
Sir E. Gorst to
Ambassador Reid.
Foreign Office,
February 13, 1906.
No. 5221.]
Your Excellency: Mr. Carter in a note of
the 16th ultimo drew attention to the terms, as being open to
misconstruction of the memorandum which I had the honor to
communicate to your excellency on the 15th of December last, with
reference to the reported construction by United States fishermen of
platforms for freezing herring on the shore of the Bay of Islands on
the west coast of Newfoundland.
I regret that there should have been any room for misapprehension
from the quotation, for the sake of brevity, of only a portion of
Article I of the treaty of 1818, but have pleasure in inclosing a
memorandum amended in the sense suggested and quoting the whole
context of the article so far as applicable to the case.
I have, etc.,
E. Gorst
,
(For
the Secretary of State.)
[Subinclosure.]
amended memorandum.
His Majesty’s Government have received information that United States
fishermen are constructing platforms for freezing herring on the
shore of Bay of Islands on the west coast of Newfoundland.
Article I of the Convention of 1818 between Great Britain and the
United States stipulates that “the inhabitants of the said United
States shall have forever, in common with the subjects of his
Britannic Majesty, the liberty to take fish of every kind on that
part of the southern coast of Newfoundland which extends from Cape
Ray to the Rameau Islands, on the western and northern coasts of
Newfoundland, from the said Cape Ray to the Quirpon Islands, on the
shores of the Magdalen Islands, and also on the coasts, bays,
harbors, and creeks, from Mount Joly on the southern coast of
Labrador, to and through the Straits of Belle Isle, and thence
northwardly indefinitely along the coast, without prejudice,
however, to any of the exclusive rights of the Hudson Bay Company.
And that the American fishermen shall also have liberty forever to
dry and cure fish in any of the unsettled bays, harbors, and creeks
of the southern part of the coast of Newfoundland, here above
described, and of the coast of Labrador; but so soon as the same, or
any portion thereof, shall be settled, it shall not be lawful for
the said fishermen to dry or cure fish at such portion so settled
without previous agreement for such purpose with the inhabitants,
proprietors, or possessors of the ground. And the United States
hereby renounce forever any liberty heretofore enjoyed or claimed by
the inhabitants thereof, to take, dry, or cure fish on or within 3
marine miles of any of the coasts, bays, creeks, or harbors of His
Britannic Majesty’s dominions in America not included within the
above-mentioned limits.”
The incident now reported has probably occurred owing to ignorance or
misapprehension of the terms of the convention. His Majesty’s
Government consider
[Page 685]
it
necessary, however, to call attention to the matter, and to express
the hope that the American fishermen may be instructed to desist
from action which is clearly in excess of their treaty rights.
Foreign Office, December 15, 1905.
