fishing upon that part of the Newfoundland coast upon which French fishermen had privileges under the treaty with the United Kingdom of 1783, and France having assumed to eject American vessels from such coasts, the United States asserted that the sovereignty over the territory was in the United Kingdom. (App., pp. 102–8.)

COMMERCIAL ENTENTE, 1830.

1830. By mutual executive action, certain relaxation was made in the navigation laws of the two nations. United States vessels were permitted for the first time to (App., p. 570)—

import from the United States aforesaid, into the British possessions abroad, goods the produce of those States; and may export goods from the British possessions abroad to be carried to any foreign country whatever.

Fishing vessels were not within the purview of these arrangements.

NOVA SCOTIA STATUTE, 1836.

1836.-The great difficulty and expense of effective patrol of the very extensive coast-lines embraced in the convention of 1818 had produced wide-spread neglect of its limitations. A few seizures had been made during the period 1820-1830. Renewed depredations led to the passing in 1836 of legislation (App., p. 613) in Nova Scotia (afterwards declared by Imperial Order in Council to be regulations under the Imperial statute of 1819), and also to a more strict enforcement of its rights by the British Government. (App., p. 571.).

SEIZURE IN BAY OF FUNDY, 1843.

1843.-The United States fishing vessel "Washington" was seized for fishing in the Bay of Fundy.

BRITISH CONCESSION OF BAY OF FUNDY, 1845.

1845. After some discussion the British Government announced their intention to allow American fishermen to fish within the Bay of Fundy as a matter of grace, although advised that it was a bay within the meaning of the treaty of 1818, and, therefore, water in which those fishermen could not claim to fish as of right. (App., p. 141.)

MR. WEBSTER, 1852.

1852.-The British Government having declined to make a similar relaxation as to bays other than the Bay of Fundy, Mr. Daniel 13 Webster, United States Secretary of State, issued a notice

dealing with the application of the treaty to bays. Subsequently the same subject was debated in Congress. Both these matters are further discussed under question No. 5. (App., p. 152.)

1853. Mr. Marcy, United States Secretary of State, issued circular instructions as to the conduct of American fishermen, to which reference will be made hereafter. (App., p. 201.)

1854. The treaty known as "the reciprocity treaty" was entered into. It admitted American fishermen to the enjoyment of all British coast fisheries in the Atlantic in exchange for admission of British fishermen to certain United States coast fisheries, and it provided also for reciprocal abatements in customs dues. During the currency of this treaty, American fishermen were permitted to purchase supplies in British ports; but light-dues were exacted and paid without objection. (App., p. 36.)

1855–6.—Mr. Marcy issued further circular instructions as to the conduct of American fishermen. (App., pp. 207, 209.)

BAY OF FUNDY ARBITRATION, 1856.

1856.—Arbitration took place with reference (amongst other things) to a claim by the owner of the "Washington" against the British Government in respect of the seizure in 1843. (App., p. 212.)

LICENCES, 1866.

1866. The reciprocity treaty was terminated by the United States. Negotiations for its renewal ensued, and meanwhile the fishing privileges conferred by it upon United States fishermen were continued under a system of licenses for which an annual fee was charged.

DOMINION OF CANADA, CONSTITUTED, 1867.

1867.-Canada, Nova Scotia, and New Brunswick were united under the name "The Dominion of Canada."

1870.-American fishermen having gradually ceased to take licences, the system was ended (Canadian Order in Council, 8th January). (App., p. 230.)

MR. BOUTWELL'S CIRCULAR, 1870.

1870.-Mr. Boutwell (United States Secretary of State) issued a circular of instructions (9th June), in which he said that (App.. p. 237)

Fishermen of the United States are bound to respect the British laws and regulations for the regulation and preservation of the fisheries, to the same extent to which they are applicable to British or Canadian fishermen.

This circular was re-issued two years later.

TREATY OF 1871.

1871.-A treaty, known as the treaty of Washington, made provisions somewhat similar in terms to the reciprocity treaty of

14 1854. The arrangements as to the fisheries lasted until 1885, when they were terminated on the initiative of the United

States.

1873.-Prince Edward Island became part of the Dominion of Canada. Prior to this year it was a province by itself.

HALIFAX COMMISSION, 1877.

1877.-Great Britain having claimed that the fishing liberties conferred on the citizens of the United States by the treaty of 1871 were of greater value than the reciprocal advantages acquired by British subjects, the treaty provided that this claim should be referred to a commission, and that compensation should be awarded if found due. The Commission met at Halifax, and eventually awarded 5,500,000 dollars to Great Britain. The proceedings before this Commission are of some importance, and will hereafter be referred to. (App., p. 254.)

FORTUNE BAY, 1878.

1878.-Newfoundland inhabitants, wrongfully taking the law into their own hands, interrupted some American fishermen while carrying on their operations in Fortune Bay, under the treaty of 1871. The justification alleged was that the Americans were committing breaches of three of the provisions of Newfoundland statutes :—

1. Establishing a close season for taking herrings by certain methods;

2. Prohibiting the "barring" of herrings in coves, &c.; and 3. Prohibiting fishing on Sunday.

The amenability of American fishermen to these laws was asserted by the United Kingdom, and denied by the United States. In the end, Great Britain paid compensation, on the ground that individual citizens of Newfoundland had no right to take the enforcement of the law into their own hands, but the contention that the Newfoundland laws were binding on United States fishermen was expressly maintained. (App., p. 289.)

ARRANGEMENTS, 1885.

1885. The fishery clauses of the treaty of 1871 having been terminated by the United States, temporary diplomatic arrangements continued the application of their provisions throughout the season of 1885.

CANADIAN STATUTE, 1886.

1886. Further agreement not having been made, Canada adopted a statute (49 Vict., cap. 114) for the purpose of removing the doubt

caused by conflicting judicial decisions of 1870-1 as to whether the purchase of bait within British waters was " preparing to fish" 15 there. The new statute provided for seizure in case of foreign fishing vessels having (App., p. 631) —

entered such waters for any purpose not permitted by treaty or convention of the United Kingdom or Canada for the time being in force.

UNITED STATES RETALIATORY STATUTE, 1887.

1887.-American fishermen having thus been prohibited from purchasing supplies in British waters, the United States passed retailatory legislation, authorising the President by proclamation (App., p. 793)—

to deny vessels, their masters and crews, of the British dominions. of North America, any entrance into the waters, ports, or places of, or within, the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies, as to the President shall seem proper), whether such vessels shall have come directly from said dominions on such destined voyage or by way of some port or place in such destined voyage elsewhere.

It will be observed that this statute was not confined (as was Canadian action) to fishing vessels, but applied to vessels of all kinds. 1887.-Newfoundland passed a statute, by which it was provided that no person should export, or catch for the purpose of exportation, any herring, caplin, squid, or other bait fishes without a licence. (App., p. 711.)

1888.-A convention was negotiated (known as the ChamberlainBayard convention). It dealt with the question of bays and commercial privileges. (App., p. 42.)

The United States Senate declined to ratify this convention, and it therefore never became operative.

The negotiators, however, had provided for a modus vivendi pending legislative action with regard to the treaty, which is still in operation in Canada.

1888.-Newfoundland passed a statute providing for the issue of licences to purchase bait, for bait purposes. (App., p. 712.)

1889.-Newfoundland passed a statute amending and consolidating the two previous statutes (1887 and 1888). This Act has been commonly known as the Bait Act. It prohibited (without licence) any dealing with bait fishes for the purpose of exporting them to be used either for consumption or as bait. (App., p. 713.)

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BOND-BLAINE CONVENTION OF 1890.

1890.-A convention was arranged affecting the relations between the United States and Newfoundland (known as the Bond-Blaine convention), which, however, never became effective. (App., p. 45.)

1893.-Newfoundland passed a statute (known as the Foreign Fishing Vessels Act) having for its object the prohibition of the sale to foreigners, without license, of herring, caplin, squid, or other bait fishes, ice, lines, seines, or other outfit or supplies for the fishery, and the engagement within British waters of persons to form part of the crew. (App., p. 730.)

CONVENTION, 1902.

1902.-Another convention was arranged as between the United States and Newfoundland (known as the Bond-Hay convention). It provided for reciprocal freedom from customs duty of certain articles, and for permission to American fishermen to purchase bait and other supplies in Newfoundland. The United States Senate declined to ratify the convention. It has, therefore, never become effective. (App., p. 46.)

1905.-Newfoundland repealed the provisions of the Foreign Fishing Vessels Act, and enacted a new statute which prohibited altogether the purchase of bait by foreign fishing vessels and the engagement by them of crews within Newfoundland waters. (App., p. 757.)

1906.-Newfoundland passed another statute repealing the Act of 1905, but re-enacting it with some amendments. This statute, however, did not come into force. (App., p. 758.)

1906.-Diplomatic correspondence resulted in a modus vivendi as to Newfoundland (App., pp. 504-6):

1. American fishermen were permitted to use purse seines.

2. American fishermen were permitted to hire Newfoundlanders outside the 3-mile limit.

3. American fishermen were to refrain from fishing on Sunday. 4. American fishermen were to pay light dues.

5. American fishermen were to make entries at custom-houses. 6. The Statute of 1906 was not to become effective, and parts of the statute of 1905 were not to be enforced against American fishermen.

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1907. A new modus vivendi as to Newfoundland was arranged. It was similar to that of the former year, except that American fishermen were not to use purse seines. (App.,

pp. 508-9.)

The above chronological survey will, it is hoped, be of use in the appreciation of the various parts of the arguments submitted in the Case on each of the questions on which the Tribunal is requested to decide.