The British Ambassador to the Secretary of State.
Washington, January 27, 1909.
Sir, I have the honour to acknowledge your note of to-day’s date and in reply have to declare on behalf of His Majesty’s Government, in order to place officially on record the understanding already arrived at by us in preparing the special Agreement which we have signed to-day for the submission of questions relating to fisheries on the North Atlantic Coast under the general Treaty of Arbitration concluded between Great Britain and the United States on the 4th day of April, 1908, that Question 5, of the series submitted, namely, “From where must be measured the ‘three marine miles of any of the coasts, bays, creeks or harbours’ referred to in the said Article” is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy, considered as a whole apart from its bays and creeks, or as to innocent passage through the Gut of Canso is included in this question as one to be raised in the present arbitration; it being the intention of the parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration.
I have the honour to be, With the highest consideration, Sir, your most obedient, humble Servant,