GROVER CLEVELAND.

EXECUTIVE MANSION, _February 20, 1888_.

_To the Senate of the United States_:

In my annual message transmitted to the Congress in December, 1886, it

was stated that negotiations were then pending for the settlement of the

questions growing out of the rights claimed by American fishermen in

British North American waters.

As a result of such negotiations a treaty has been agreed upon between

Her Britannic Majesty and the United States, concluded and signed in

this capital, under my direction and authority, on the 15th of February

instant, and which I now have the honor to submit to the Senate with the

recommendation that it shall receive the consent of that body, as

provided in the Constitution, in order that the ratifications thereof

may be duly exchanged and the treaty be carried into effect.

Shortly after Congress had adjourned in March last, and in continuation

of my efforts to arrive at such an agreement between the Governments of

Great Britain and the United States as would secure to the citizens of

the respective countries the unmolested enjoyment of their just rights

under existing treaties and international comity in the territorial

waters of Canada and of Newfoundland, I availed myself of opportune

occurrences indicative of a desire to make without delay an amicable and

final settlement of a long-standing controversy, productive of much

irritation and misunderstanding between the two nations, to send through

our minister in London proposals that a conference should take place on

the subject at this capital.

The experience of the past two years had demonstrated the dilatory and

unsatisfactory consequences of our indirect transaction of business

through the foreign office in London, in which the views and wishes of

the government of the Dominion of Canada were practically predominant,

but were only to find expression at second hand.

To obviate this inconvenience and obstruction to prompt and well-defined

settlement, it was considered advisable that the negotiations should be

conducted in this city and that the interests of Canada and Newfoundland

should be directly represented therein.

The terms of reference having been duly agreed upon between the two

Governments and the conference arranged to be held here, by virtue of

the power in me vested by the Constitution I duly authorized Thomas F.

Bayard, the Secretary of State of the United States, William L. Putnam,

a citizen of the State of Maine, and James B. Angell, a citizen of the

State of Michigan, for and in the name of the United States, to meet and

confer with the plenipotentiaries representing the Government of Her

Britannic Majesty, for the purpose of considering and adjusting in a

friendly spirit all or any questions relating to rights of fishery in

the seas adjacent to British North America and Newfoundland which were

in dispute between the Government of the United States and that of Her

Britannic Majesty, and jointly and severally to conclude and sign any

treaty or treaties touching the premises; and I herewith transmit for

your information full copies of the power so given by me.

In execution of the powers so conveyed the said Thomas F. Bayard,

William L. Putnam, and James B. Angell, in the month of November last,

met in this city the plenipotentiaries of Her Britannic Majesty and

proceeded in the negotiation of a treaty as above authorized. After many

conferences and protracted efforts an agreement has at length been

arrived at, which is embodied in the treaty which I now lay before you.

The treaty meets my approval, because I believe that it supplies a

satisfactory, practical, and final adjustment, upon a basis honorable

and just to both parties, of the difficult and vexed question to which

it relates.

A review of the history of this question will show that all former

attempts to arrive at a common interpretation, satisfactory to both

parties, of the first article of the treaty of October 20, 1818, have

been unsuccessful, and with the lapse of time the difficulty and

obscurity have only increased.

The negotiations in 1854 and again in 1871 ended in both cases in

temporary reciprocal arrangements of the tariffs of Canada and

Newfoundland and of the United States, and the payment of a money award

by the United States, under which the real questions in difference

remained unsettled, in abeyance, and ready to present themselves anew

just so soon as the conventional arrangements were abrogated.

The situation, therefore, remained unimproved by the results of the

treaty of 1871, and a grave condition of affairs, presenting almost

identically the same features and causes of complaint by the United

States against Canadian action and British default in its correction,

confronted us in May, 1886, and has continued until the present time.

The greater part of the correspondence which has taken place between the

two Governments has heretofore been communicated to Congress, and at as

early a day as possible I shall transmit the remaining portion to this

date, accompanying it with the joint protocols of the conferences which

resulted in the conclusion of the treaty now submitted to you.

You will thus be fully possessed of the record and history of the case

since the termination on June 30, 1885, of the fishery articles of the

treaty of Washington of 1871, whereby we were relegated to the

provisions of the treaty of October 20, 1818.

As the documents and papers referred to will supply full information of

the positions taken under my Administration by the representatives of

the United States, as well as those occupied by the representatives of

the Government of Great Britain, it is not considered necessary or

expedient to repeat them in this message. But I believe the treaty will

be found to contain a just, honorable, and therefore satisfactory

solution of the difficulties which have clouded our relations with our

neighbors on our northern border.

Especially satisfactory do I believe the proposed arrangement will be

found by those of our citizens who are engaged in the open-sea fisheries

adjacent to the Canadian coast, and resorting to those ports and harbors

under treaty provisions and rules of international law.

The proposed delimitation of the lines of the exclusive fisheries from

the common fisheries will give certainty and security as to the area

of their legitimate field. The headland theory of imaginary lines is

abandoned by Great Britain, and the specification in the treaty of

certain named bays especially provided for gives satisfaction to the

inhabitants of the shores, without subtracting materially from the value

or convenience of the fishery rights of Americans.

The uninterrupted navigation of the Strait of Canso is expressly and for

the first time affirmed, and the four purposes for which our fishermen

under the treaty of 1818 were allowed to enter the bays and harbors of

Canada and Newfoundland within the belt of 3 marine miles are placed

under a fair and liberal construction, and their enjoyment secured

without such conditions and restrictions as in the past have embarrassed

and obstructed them so seriously.

The enforcement of penalties for unlawfully fishing or preparing to fish

within the inshore and exclusive waters of Canada and Newfoundland is to

be accomplished under safeguards against oppressive or arbitrary action,

thus protecting the defendant fishermen from punishment in advance of

trial, delays, and inconvenience and unnecessary expense.

The history of events in the last two years shows that no feature of

Canadian administration was more harassing and injurious than the

compulsion upon our fishing vessels to make formal entry and clearance

on every occasion of temporarily seeking shelter in Canadian ports and

harbors.

Such inconvenience is provided against in the proposed treaty, and this

most frequent and just cause of complaint is removed.

The articles permitting our fishermen to obtain provisions and the

ordinary supplies of trading vessels on their homeward voyages, and

under which they are accorded the further and even more important

privilege on all occasions of purchasing such casual or needful

provisions and supplies as are ordinarily granted to trading vessels,

are of great importance and value.

The licenses, which are to be granted without charge and on application,

in order to enable our fishermen to enjoy these privileges, are

reasonable and proper checks in the hands of the local authorities to

identify the recipients and prevent abuse, and can form no impediment to

those who intend to use them fairly.

The hospitality secured for our vessels in all cases of actual distress,

with liberty to unload and sell and transship their cargoes, is full and

liberal.

These provisions will secure the substantial enjoyment of the treaty

rights for our fishermen under the treaty of 1818, for which contention

has been steadily made in the correspondence of the Department of State

and our minister at London and by the American negotiators of the

present treaty.

The right of our fishermen under the treaty of 1818 did not extend to

the procurement of distinctive fishery supplies in Canadian ports and

harbors, and one item supposed to be essential--to wit, bait--was

plainly denied them by the explicit and definite words of the treaty of

1818, emphasized by the course of the negotiation and express decisions

which preceded the conclusion of that treaty.

The treaty now submitted contains no provision affecting tariff duties,

and, independently of the position assumed upon the part of the United

States that no alteration in our tariff or other domestic legislation

could be made as the price or consideration of obtaining the rights of

our citizens secured by treaty, it was considered more expedient to

allow any change in the revenue laws of the United States to be made by

the ordinary exercise of legislative will and in the promotion of the

public interests. Therefore the addition to the free list of fish, fish

oil, whale and seal oil, etc., recited in the last article of the

treaty, is wholly left to the action of Congress; and in connection

therewith the Canadian and Newfoundland right to regulate sales of bait

and other fishing supplies within their own jurisdiction is recognized,

and the right of our fishermen to freely purchase these things is made

contingent by this treaty upon the action of Congress in the

modification of our tariff laws.

Our social and commercial intercourse with those populations who have

been placed upon our borders and made forever our neighbors is made

apparent by a list of United States common carriers, marine and inland,

connecting their lines with Canada, which was returned by the Secretary

of the Treasury to the Senate on the 7th day of February, 1888, in

answer to a resolution of that body; and this is instructive as to the

great volume of mutually profitable interchanges which has come into

existence during the last half century.

This intercourse is still but partially developed, and if the amicable

enterprise and wholesome rivalry between the two populations be not

obstructed the promise of the future is full of the fruits of an

unbounded prosperity on both sides of the border.

The treaty now submitted to you has been framed in a spirit of liberal

equity and reciprocal benefits, in the conviction that mutual advantage

and convenience are the only permanent foundation of peace and

friendship between States, and that with the adoption of the agreement

now placed before the Senate a beneficial and satisfactory intercourse

between the two countries will be established so as to secure perpetual

peace and harmony.

In connection with the treaty herewith submitted I deem it also my duty

to transmit to the Senate a written offer or arrangement, in the nature

of a _modus vivendi_, tendered after the conclusion of the treaty

on the part of the British plenipotentiaries, to secure kindly and

peaceful relations during the period that may be required for the

consideration of the treaty by the respective Governments and for the

enactment of the necessary legislation to carry its provisions into

effect if approved.

This paper, freely and on their own motion signed by the British

conferees, not only extends advantages to our fishermen pending the

ratification of the treaty, but appears to have been dictated by a

friendly and amicable spirit.

I am given to understand that the other Governments concerned in this

treaty will within a few days, in accordance with their methods of

conducting public business, submit said treaty to their respective

legislatures, when it will be at once published to the world. In view of

such action it appears to be advisable that by publication here early

and full knowledge of all that has been done in the premises should be

afforded to our people.

It would also seem to be useful to inform the popular mind concerning

the history of the long-continued disputes growing out of the subject

embraced in the treaty and to satisfy the public interests touching the

same, as well as to acquaint our people with the present status of the

questions involved, and to give them the exact terms of the proposed

adjustment, in place of the exaggerated and imaginative statements which

will otherwise reach them.

I therefore beg leave respectfully to suggest that said treaty and all

such correspondence, messages, and documents relating to the same as may

be deemed important to accomplish those purposes be at once made public

by the order of your honorable body.

A Compilation of the Messages and Papers of the Presidents. Volume 8, part 3: Grover Cleveland, First Term · 第 471 / 872 题