all the British colonies, and that it would not be practicable to separate them, and carry into effect for one what the President was willing to recommend for all those colonies. The committee submit that the Treaty of Washington itself recognizes the power of each colonial government or legislature to act for itself independently of the other; that no legislation on the part of one of those governments can interfere with, or affect, or bind the territory within the jurisdiction of any other colonial government. That the government of this island did, on the recommendation of Her Majesty's Imperial Government, on the 24th July last, issue an order as proposed by Mr. Fish, giving effect to the treaty within this island, and admitting American fishermen to the free use of its fisheries during the season of 1871; that American fishermen at once availed themselves of this valuable privilege, and during the season of 1871 were not molested in the prosecution of the fisheries around the shores of this island. That the United States consul resident here was duly notified of the relaxations made in favor of American fishermen, and that Sir Edward Thornton was at the same time informed by telegraph, by LieutenantGovernor Robinson, that the proposals of Mr. Fish were agreed to by the government of this island; that the Government of the United States accepted all the advantages thus conferred upon their fishermen during the whole season of 1871; and now when the season has ended, and application to them to fulfill their part of the agreement thus virtually made, they repudiate the payment of the equivalent for the advantages they received, on the ground that the whole of the provinces named did not virtually accept their proposals. If they purposed taking this course they should at once, on becoming aware that the Government of the Dominion of Canada had not acceded to their proposals, have intimated to the government of this island, through the proper official channel, that it was not their intention to fulfill their own stipulations unless united action was taken on them by all the colonies, and have forbidden their fishermen to fish within a marine league of the shores of Prince Edward Island. Refunding those duties to the parties who pay the same is, by Mr. Fish's proposal, made contingent only on the suggestion meeting with the approval of the British Government, and not by any united action of colonial governments. That it did meet the approval of Her Majesty's Imperial Government is proved by your lordship's dispatch, No. 444, dated 17th June, 1871, addressed to Lord Lisgar, as well as by the action of the government of this island, on the 24th July last, and by the free admission, during the present season, of American fish and fish oil to the ports of this island, and of American fishermen to the privilege of the inshore fisheries thereof. The committee of the executive council, therefore, consider it to be their duty to call the special attention of your lordship to this extraordinary breach of faith on the part of the United States Government, by which our mercantile men will sustain heavy pecuniary losses, and they trust that Her Majesty's Imperial Government will cause the British minister at Washington to continue earnestly to urge upon the United States Government the necessity of paying a claim the justice of which cannot be disputed. The Treaty of Washington not having yet been ratified by the legis latures of the several provinces named therein, the moral effect of the repudiation by the United States of the provisional arrangement of last season will, if such a course be persisted in, materially strengthen the opposition to measures necessary to give effect to the said treaty. To the Queen's Most Excellent Majesty: MOST GRACIOUS SOVEREIGN: We, Your Majesty's dutiful and loyal subjects, the legislative council and house of assembly of Your Majesty's island, Prince Edward, in colonial parliament convened, desire to approach Your Majesty and respectfully submit to Your Majesty that, in a dispatch dated Dowling street, 17th June, 1871, addressed by the right honorable the Earl Kimberley, Your Majesty's principal secretary of state for the colonies, to the lieutenant governor of Prince Edward Island, with which dispatch were inclosed copies of the treaty signed at Washington, on May 8, by the Joint High Commissioners; of two notes which had passed between Sir Edward Thornton and Mr. Fish; and of a dispatch of even date addressed by Earl Kimberley to the governor-general of Canada, stating the views of Her Majesty on these important documents, Your Majesty's Imperial Government strongly urged upon the government of Prince Edward Island that, for the reasons stated in the dispatch of Earl Kimberley to the governorgeneral of Canada, the same course should be pursued as in 1854; and the application made by the United States Government should be acceded to by Prince Edward Island, so that American fishermen should be allowed, during the season of 1871, the provisional use of the privi leges granted to them by the treaty. That in deference to the wishes of your Imperial Government, the government of this island promptly sanctioned the admission of Ameri can fishermen to the liberty which was intended to be secured to them by the Treaty of Washington, 1871. That the note of Mr. Fish to Sir Edward Thornton, dated 8th May, 1871, was considered by the government of this island a proposition on behalf of the Government of the United States, "That should the government of Prince Edward Island admit American citizens to fish within the territorial waters of Your Majesty on the coasts of this island during the year of 1871, the Government of the United States would recommeud and urge upon Congress, at their next session, that any duties which should be collected on and after the 1st July, 1871, on fish-oil and fish, the produce of the fisheries of Prince Edward Island, should be returned and refunded to the parties paying the same, should a similar arrangement be made with respect to the admission into Prince Edward Island of fish oil and fish being the produce of the fisheries of the United States." That several of Your Majesty's subjects and others, citizens of the United States, imported into the United States from Prince Edward Island, during the year 1871, quantities of fish-oil and fish, the produce of the fisheries of Prince Edward Island. That although such importers of fish-oil and fish have demanded the return of the duties collected by the United States Government on and after 1st July, 1871, upon such fish oil and fish, such duties have not been returned to them. That the Government of the United States, as we believe, allege as a reason for not refunding such duties, that the proposal made in Mr. Fish's note to Sir Edward Thornton, in May, 1871, contemplated the united action of all the British North American Colonies, and that it would not be practicable to separate them, or carry into effect for Prince Edward Island what the President of the United States was willing to recommend for all those colonies. That on the 26th September, 1871, Mr. Isaac C. Hall, an American merchant largely engaged in the exportation of fish-oil and fish from this island to the United States, addressed to the lieutenant-governor of this island a note, in which he stated in effect that recent reports from the United States led to the belief that the refusal of the Dominion of Canada to give effect to the Treaty of Washington might work adversely to the interests of this islands, and prejudice her claims to a return of duties. That to this note of Mr. I. C. Hall, Lieutenant-Governor Robinson replied, in a note dated 29th September, 1871, that in his opinion Mr. Hall's apprehensions were unfounded, which opinion, we believe, was indorsed by Sir Edward Thornton, speaking for your Majesty's Imperial Government. That the duties paid to the United States Government, on and after the 1st July, 1871, on fish-oil and fish, the produce of the fisheries of Prince Edward Island for that season, amount to $47,293, or thereabouts, of which sum about $22,212 were paid by subjects of Your Majesty. We most humbly submit to Your Majesty, that those of Your Majesty's subjects who in the year 1871 imported fish-oil and fish into the United States, under the circumstances herein before set forth, believing that the duties collected thereupon by the United States Government would be refunded to them, and whose claim for a return of such duties has been refused by the Government of the United States, should not be allowed to suffer the loss of such duties by reason of the United States Government construing the offer contained in Mr. Fish's note of the 8th May differently from the sense in which it was accepted and acted upon by the government of Prince Edward Island. That inasmuch as neither the government of this island, nor those of Your Majesty's subjects who claim the return of such duties, have the right to bring this subject to the attention of the Government of the United States, we humbly pray that Your Majesty will take the premises under your gracious consideration, in order that justice may be done those of Your Majesty's subjects who now suffer loss by reason of the United States Government refusing to fulfill the conditions of the agree ment under which the citizens of the United States were in 1871 permitted to fish within the territorial waters of Your Majesty on the coasts of this island, and to prosecute the fisheries within such waters, and upon this island, upon equal terms with the subjects of Your Majesty. V. Statement of the fishing licenses issued to American fishing-vessels during the year 1366 in the several provinces forming the Dominion of Canada, with the names of owners, tonnage, port, amount of license-fee, and name of issuing officer. Statement of the fishing-licenses issued to American fishing-vessels during the year 1866, fc.-Continued. Sila Gawa. W. H. Thurston. Wild Rover. S. E. Snow... B. D. Haskins Martha Eliza |