The British Ambassador to the Secretary of State.
Washington, March 4, 1909.
Sir, I have the honour to acknowledge the receipt of your note informing me that the Senate of the United States has approved the Special Agreement for the reference to arbitration of the questions relating to the fisheries on the North Atlantic Coast and of the terms of the Resolution in which that approval is given.
It is now my duty to inform you that the Government of His Britannic Majesty confirms the Special Agreement aforesaid and in so doing confirms also the understanding arrived at by us that Question V of the series of Questions submitted for arbitration, 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 [Page 283] apart from its bays or 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.
This understanding is that which was embodied in notes exchanged between your predecessor and myself on January 27th, and is that expressed in the abovementioned Resolution of the Senate of the United States.
I have the honour to be, with the highest respect, Sir, Your most obedient, humble Servant,