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a wagon-road from Fort Garry to the Lake of the Woods, I have the honor to inclose, for the information of Mr. Secretary Fish, a copy of a minute of the privy council of the Dominion of Canada, covering a memorandum by the minister of public works requesting that he may be furnished with a "sketch showing where the alleged encroachment has taken place," and that he may be informed of "the exact locality of the monument at the northwestern limit of the United States of America," to which reference is made in Mr. Fish's letter.

I am, &c.,

LISGARD.

Copy of a report of the honorable the Privy Council, dated June 22, 1871.

The committee have had under consideration the memorandum dated June 22, 1871, from the honorable the minister of public works, on the dispatch from the British minister at Washington, respecting certain alleged encroachments by the Canadian engineers in locating a wagon-road from Fort Garry to the Lake of the Woods, including the termination of it, within territory belonging to the United States, and they respectfully report their concurrence in the recommendation made in the said memorandum, and advise that the same be approved and acted upon. Certified:

WM. H. LEE, Clerk Privy Council, Canada.

Memorandum.

DEPARTMENT OF PUBLIC WORKS,
Ottawa, June 22, 1871.

The undersigned has had submitted for his report a dispatch from the British minister at Washington forwarding for your excellency's information a letter from Mr. Fish, Secretary of State for the United States of America, in which complaint is made that "the Canadian engineers engaged in constructing a wagon-road from Fort Garry to the Lake of the Woods have located a considerable portion of it, including its termination, at a harbor in the Lake of the Woods within territory belonging to the United States, the monument marking the northwestern limit of the United States above the 49th parallel of latitude being upward of seven miles north of the termination."

The undersigned has also had submitted for his information a dispatch from his honor the lieutenant governor of Manitoba, dated March 27, 1871, (No. 136,) bringing to your excellency's notice an alleged mistake by the commissioners who placed and determined the site of the monument which serves to indicate the northwest angle of the Lake of the Woods, pointing out the inconvenience of that portion of the boundary line which runs due south from the said monument to the 49th parallel of north latitude, and submitting for your excellency's consideration the opportuneness of bringing the whole subject before competent authorities for rectification and adjustment.

A report from Mr. Dawson, superintending engineer of the Red River route, accompanied by partially explanatory_maps, dated May 23, 1871, states that "the road leading from Fort Garry to the Lake of the Woods has its termination close to the extreme westerly point of the northwest angle, and that the engineers engaged in locating it have no knowledge of any part of it being within the territory of the United States."

From these documents it is inferred that the site of a certain monument placed as a basis to determine the exact point taken at the northwest, has been mistaken for the northwest angle itself; and, consequently, that the alleged encroachment of Canadian engineers upon United States territory may be explained to the satisfaction of all the parties interested.

Pending further inquiry and survey, about to be made by the engineers of the Red River route, and the production of more perfect maps of the region surrounding the Lake of the Woods, the undersigned has the honor to recommend: That the Department of State, at Washington, be requested to furnish a sketch showing where the alleged encroachment has taken place, and the exact locality of the monument at the northwestern limit of the United States of America to which reference is made in Mr. Fish's letter, or that it be left to the joint commission who are to settle the boundary line between the United States and Manitoba to ascertain and re-mark the northwest angle.

Respectfully submitted.

HECTOR L. LANGWIN,
Minister of Public Works.

No. 227.

Mr. Davis to Sir Edward Thornton.

DEPARTMENT OF STATE,

Washington, July 14, 1871.

SIR: I have the honor to acknowledge the receipt of your note of the 11th instant, and of its accompaniments, making known to the Department the wish of the Canadian minister of public works to obtain a sketch showing where the alleged encroachment was made on United States territory by Canadian engineers, in locating a wagon-road from Fort Garry to the Lake of the Woods, and information as to the exact locality of the monument at the northwestern limit of the United States, above the 49th parallel of latitude.

I have the honor to inform you, in reply, that the subject will receive early attention, and to be, with the highest consideration, Yours, &c.,

J. C. B. DAVIS,

Acting Secretary.

No. 228.

Mr. Pakenham to Mr. Davis.

WASHINGTON, July 26, 1871. (Received July 27.)

SIR: I have the honor to inform you that intelligence has reached me from the lieutenant governor of Prince Edward Island, to the effect that that government yesterday decided not to enforce the fishery laws during the present season, and pending the consideration of the treaty by the legislature of that portion of Her Majesty's dominions.

I have the honor, &c.,

F. J. PAKENHAM.

No. 229.

Mr. Pakenham to Mr. Fish.

WASHINGTON, July 27, 1871. (Received July 28.)

SIR: I have been instructed by Earl Granville to inform the Government of the United States that Her Majesty's government have appointed Mr. Russell Gurney, recorder of London, to be British claims commissioner, and I accordingly lose no time in acquainting you with the fact of the above nomination.

I have the honor, &c.,

F. J. PAKENHAM.

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No. 230.

Mr. Davis to Mr. Pakenham.

DEPARTMENT OF STATE,

Washington, August 9, 1871. MY DEAR MR. PAKENHAM: Dennis C. Murphy, master of the Lizzie A. Tarr, of Gloucester, has stated, under oath, facts in regard to the action of Her Majesty's naval officers toward him on the Newfoundland coast which lead me to apprehend that they are not acting in accordance with wishes and instructions of Her Majesty's government, so far as we are able to judge of those wishes and instructions from the correspondence which has taken place since the conclusion of the treaty of Washington.

The facts stated are that, on the 7th of June last, the Lizzie A. Tarr, being bound on a fishing voyage to the Banks, entered Lambley Harbor, Grand Jarvis, Newfoundland, to buy bait. She was boarded by a boat from the British war steamer Danæ, and was ordered to leave, and refused the privilege of purchasing fresh bait. Captain Murphy inquired as to the authority of such action, but got no reply. He avers that then the British officers tripped the seine then in the hands of English fishermen, and let out the herring, so that no bait could be sold, saying to the fishermen, "What are you doing? If I catch you selling bait to Yankees I will cut up your seine. Where are you to get bread next winter?" Captain Murphy then left the harbor, but as the wind began to blow and rain commenced, he went back for shelter. A boat from the Danæ was lying in wait for him. The officers came on board and showed him a written order from the captain to seize the Lizzie A. Tarr, against which Murphy protested, claiming the right of shelter, but was required to agree in writing to go out at daylight. Murphy declares that this action caused a delay of three weeks, and a loss to all concerned of not less than $2,000.

I would be glad if you would bring the case to the attention of the proper authorities, with a view to the adoption of a more friendly and hospitable treatment of our fishermen, if such conduct shall prove to have been manifested as is reported by Captain Murphy.

Faithfully, yours,

J. C. B. DAVIS,

Acting Secretary.

No. 231.

Mr. Pakenham to Mr. Davis.

WASHINGTON, August 15, 1871. (Received August 16.)

SIR: I have the honor to acquaint you that official information has this day reached me to the effect that Sir Alexander Cockburn, chief justice of England, has been appointed arbritrator on behalf of Her Majesty's government, under article I of the treaty of Washington of the 8th of May last.

I have the honor, &c.,

F. J. PAKENHAM.

No. 232.

Mr. Davis to Mr. Packenham.

DEPARTMENT OF STATE,

Washington, August 19, 1871.

SIR: I have received your note of the 15th instant, in which you inform me of the appointment of Sir Alexander Cockburn, chief justice of England, as arbitrator on the part of Her Majesty's government, under Article I of the treaty of Washington, of the 8th of May last.

I avail myself of this occasion to acquaint you of the appointment by the President of Mr. Charles Francis Adams as the arbitrator on the part of the Government of the United States to be named by the President, under Article I of the treaty of Washington, of the 8th of May above referred to, and also of that of Mr. James S. Frazer, late of the supreme court of Indiana, as commissioner on the part of the Government of the United States, under Article XII of the same treaty.

I am, &c.,

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Mr. Packenham to Mr. Davis.

WASHINGTON, September 18, 1871.
(Received September 19.)

SIR: I am instructed by Earl Granville to submit, for the consideration of the Government of the United States, a proposal, on the part of the government of Newfoundland, that American fishermen should be admitted to the right of taking seals within the territorial jurisdiction of Newfoundland and of making outfit in the ports of that island, on the condition of the admission of the produce of the Newfoundland sealfishery into the United States free of duty.

I am to add that Her Majesty's government would be glad if the above proposal could be acceded to.

I have the honor, &c.,

F. J. PACKENHAM.

No. 234.

Mr. Davis to F. J. Packenham.

DEPARTMENT OF STATE,

Washington, September 23, 1871.

SIR: I have the honor to acknowledge the receipt of your note of the 18th instant, informing me that you are instructed to submit for the consideration of this Government a proposal, on the part of the govern ment of Newfoundland, that American fishermen should be admitted to the right of taking seals within the territorial jurisdiction of Newfound land, and of making outfit in the ports of that island, on the condition of the admission of the produce of the Newfoundland seal-fishery into the United States free of duty. You, at the same time, inform me that Her Majesty's government would be glad if the above proposal could be acceded to.

In reply, I have the honor to inform you that the subject will receive consideration, but that the proposal is one which needs congressional approval before it can be definitely accepted by this Department.

I have the honor to be, with the highest consideration, sir, your obedient servant,

J. C. B. DAVIS,

Acting Secretary.

No. 235.

3. THE TREATY OF WASHINGTON.

Protocols of conference between the high commissioners on the part of the United States of America and the high commissioners on the part of Great Britain.

I.-PROTOCOL OF CONFERENCE BETWEEN THE HIGH COMMISSIONERS ON THE PART OF THE UNITED STATES OF AMERICA AND THE HIGH COMMISSIONERS ON THE PART OF GREAT BRITAIN.

WASHINGTON, February 27, 1871. The high commissioners having met, their full powers were respectively produced, which were found satisfactory, and copies thereof exchanged, as follows:

ULYSSES S. GRANT, President of the United States of America, to all who shall see these presents, greeting:

Know ye that, reposing special trust and confidence in the integrity and ability of Hamilton Fish, Secretary of State; Robert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Ebenezer R. Hoar, of Massachusetts, and George H. Williams, of Oregon, I have nominated and, by and with the advice and consent of the Senate, do appoint them jointly and severally, to be Commissioners on the part of the United States, in a Joint High Commission between the United States and Great Britain; hereby empowering them, jointly and severally, to meet the Commissioners appointed or to be appointed on behalf of Her Britannic Majesty, and with them to treat and discuss the mode of settlement of the different questions which shall come before the said Joint High Commission, and the said office to hold and exercise during the pleasure of the President of the United States, for the time being.

In testimony whereof I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed.

Given under my hand at the city of Washington, this tenth day of February, in the year of our Lord one thousand eight hundred and seventy-one, and of the independence of the United States of America the ninety-fifth. U. S. GRANT.

[SEAL.]

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VICTORIA, REG.-VICTORIA, by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith, &c., &c., &c., To All and Singular to whom these Presents shall come, Greeting:

Whereas for the purpose of discussing in a friendly spirit, with Commissioners to be appointed on the part of our Good Friends The United States of America, the various questions on which differences have arisen between Us and Our said Good Friends, and of treating for an Agreement as to the mode of their amicable settlement, We have judged it expedient to invest fit persons with Full Power to conduct on Our Part the discussions in this behalf:-Know Ye, therefore, that We, reposing especial Trust and Confidence in the Wisdom, Loyalty, Diligence, and Circumspection of Our

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