Papers Relating to the Foreign Relations of the United States, 1919, Volume I

711.428/519

The British Chargê (Barclay) to the Acting Secretary of State

Washington, May 20, 1919.

No. 365

Sir: With reference to your note of March 21st, enclosing copy of a tentative draft of a Convention between Great Britain and the United States concerning the Sockeye Salmon Fisheries, I have the honour to transmit, herewith, copies of an Approved Minute of the Privy Council for Canada, which I have received from the Governor General, representing that the draft enclosed in your above mentioned note is acceptable to the Canadian Government with certain modifications noted in the Minute.

I have [etc.]

Colville Barclay

[Enclosure]

Minute of the Privy Council for Canada, Approved May 6, 1919

The Committee of the Privy Council have had under consideration a Report, dated 29th April, 1919, from the Acting Secretary of State for External Affairs, to whom was referred a despatch from His Majesty’s Ambassador at Washington to Your Excellency, dated the 25th March, 1919, forwarding copy of a communication dated the 21st March, 1919, from the Acting United States Secretary of State covering copy of a tentative draft convention between Great Britain and the United States relating to the sockeye salmon fisheries,—representing with the concurrence of the Minister of Marine and of the Acting Minister of Justice, that this draft is acceptable with certain modifications noted below:—

1. In the first line of the preamble, it is considered that in conformity with the remainder of the draft, the First Party to the Convention should be described as the President of the United States, instead of “The United States.”

2. The concluding sentence of Article 2⁶ is ambiguous. The reframing thereof as follows is suggested:

“Each of the High Contracting Parties may by appropriate legislation provide for the trial, conviction and punishment within his jurisdiction of any person found there who has contravened any provision of this Convention or of the said regulations within the jurisdiction of the other High Contracting Party, and who has not been punished for the said offence within the latter jurisdiction.”

3. As it is eminently desirable that the Commission should be appointed with as little delay as practicable, two months after the exchange of ratifications seems a sufficient time in which to appoint the Commission provided for in Article 4.

4. It is suggested that the word “treaty “in the third line of Article 4 be changed to “Convention”, and that as this latter word seems to more aptly describe an agreement of this sort, it be used throughout instead of the word “treaty”.

5. In the second paragraph of Article 6, it is provided that the High Contracting Parties by special agreement upon the recommendation of the Commission, may make “modifications” in the regulations, while in Article 5, the terms “additions to” and “substitutions for” are used. It is considered well that these terms should be also included in this paragraph. The following wording for the first five lines of this paragraph is suggested:

“It shall, however, at any time, be in the power of the High Contracting Parties, by special agreement upon the recommendation of the International Fisheries Commission, to make modifications of, additions to, or substitutions for, the regulations in force, and/or to make the provisions of this Convention, etc. …”

6. In section 2 of the Regulations, in the definition of “treaty waters” the words “section 2 [3]” in the second line, should be “Article 3”.

7. In paragraph (b) of section 3 of the Regulations, the words “British Columbia” should be replaced by the word “Canada”.

8. In paragraph (d) of the said section 3, the word “one” is omitted after the first word.

The Minister recommends that this draft, with the above recited modifications, be accepted by the Canadian Government.

The Committee concurring, advise, on the recommendation of the Acting Secretary of State for External Affairs, that Your Excellency may be pleased to forward copy hereof to His Majesty’s Ambassador at Washington, for communication of its purport to the United States Government.

All which is respectfully submitted for approval.

Rodolphe Bourdeau

Clerk of the Privy Council

6. In the draft: “Each of the High Contracting parties may, by appropriate legislation, provide for the punishment of any persons who violate the provisions of this treaty and/or said regulations within the jurisdiction of one of the High Contracting parties and then seek refuge in the territory of the other High Contracting party.”