William H. Seward to Charles Francis Adams, April 10, 1866

Mr. Seward to Mr. Adams.

Sir: I send you a copy of a very suggestive letter from Mr. Richard D. Cutts, who, perhaps, you are aware, was employed, as surveyor for marking, on the part of the United States, the fishery limits under the reciprocity treaty. Mr. Cutts’s long familiarity with that subject practically and theoretically entitles his suggestions to respect.

It is desirable to avoid any collision or misunderstanding with Great Britain on the subject growing out of the termination of the reciprocity treaty. With this view I enclose a draft of a protocol, which you may propose to Lord Clarendon for a temporary regulation of the matter. If he should agree to it it may be signed. When signed it is desirable that the instructions referred to in the concluding paragraph should at once be despatched by the British government.

As the fishing season is at hand, the collisions which might be apprehended may occur when that season advances.

I am, sir, your obedient servant,

[Protocol.]

Whereas in the 1st article of the convention between the United States and Great Britain, concluded and signed in London on. the 20th of October, 1818, it was declared that “the United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbors of his Britannic Majesty’s dominions in America not included within certain limits heretofore mentioned;” and whereas differences have arisen in regard to the extent of the above mentioned renunciation, the government of the United States and her Majesty the Queen of Great Britain, being equally desirous of avoiding further misunderstanding, have agreed to appoint, and do hereby authorize the appointment of a mixed commission for the following purposes, namely:

1. To agree upon and define by a series of lines the limits which shall separate the exclusive from the common right of fishing on the coasts and in the seas adjacent of the British “North American colonies, in conformity with the 1st article of the convention of 1818; the said lines to be regularly numbered, duly described, and also clearly marked on charts prepared in duplicate for the purpose.

2. To agree upon and establish such regulations as may be necessary and proper to secure to the fishermen of the United States the privilege of entering bays and harbors for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and to agree upon and establish such restrictions as may be necessary to prevent the abuse of the privilege reserved by said convention to the fishermen of the United States.

3. To agree upon and recommend the penalties to be adjudged, and such proceedings and jurisdiction as may be necessary to secure a speedy trial and judgment with as little expense as possible, for the violators of rights and the transgressors of the limits and restrictions which may be hereby adopted:

Provided, however, that the limits, restrictions, and regulations which may be agreed upon by the said commission shall not be final, not have any effect, until so jointly confirmed and declared by the United States and her Majesty the Queen of Great Britain, either by treaty or by laws, mutually acknowledged and accepted by the President of the United States, by and with the consent of the Senate, and by her Majesty the Queen of Great Britain.

Pending a definitive arrangement on the subject, the United States government engages to give all proper orders to officers in its employment, and her Britannic Majesty’s government engages to instruct the proper colonia or other British officers to abstain from hostile acts against British and United States fisher then respectively.