711.428/566a

The Acting Secretary of State to Senator Henry Cabot Lodge

Dear Senator Lodge: Since our conversation regarding the proposed treaty between the United States and Great Britain, providing for the grant by both countries of certain port privileges to the fishing vessels of either country, another draft has been prepared, a copy of which I enclose herewith. As I said at our conference, the purpose of the treaty is to provide for the continuing of the arrangement entered into during the war by the United States and Canada through concurrent legislative or executive action. This action is taken to carry out the recommendations of a conference of representatives [Page 240] of the United States and Canada in the summer of 1917.12 I enclose a memorandum which sets forth briefly what the Conference did and the results it arrived at.13

As the proposed treaty has a bearing on the fishing interests of New England, and on account of your long familiarity with the fisheries questions between the United States and Canada, I would greatly appreciate an expression of views from you with respect to the enclosed draft treaty before presenting it to the British Government as a tentative basis for negotiations. If you could find time to examine the draft and write me in regard to it, I would be greatly obliged.

Very sincerely yours,

Frank L. Polk
[Enclosure]

Draft Treaty between the United States of America and Great Britain Concerning Port Privileges of Fishing Vessels

The United States of America and His Majesty George the V, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, being equally desirous of avoiding any further misunderstanding between their respective citizens and subjects in regard to the extent of the rights of fishing vessels in the ports of their respective territories, and being further desirous of maintaining the amicable arrangements which they have respectively voluntarily established during the present war, have resolved to conclude a Convention for these purposes, and have named as their plenipotentiaries:

  • The President of the United States of America:
  • His Britannic Majesty, who after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles:

Article 1

It is agreed by the high contracting parties that in addition to the liberties and privileges secured to the United States or the inhabitants thereof by the Convention concluded between the United States of America and His Britannic Majesty on October 20, 1818,14 the inhabitants of the United States shall have, in common with the subjects of His Britannic Majesty, the right to enter any port in the Dominion of Canada without the requirement of a license, or [Page 241] the payment of fees not charged to Canadian fishing vessels, for the purpose of purchasing bait, ice, nets, lines, coal, oil, provisions, and all other supplies and outfits used by fishing vessels whether the same are of a like character to those named herein or not; repairing fishing implements; shipping crews; transshipping their catches, and where transshipped for destinations located within the United States, shipping same in bond without payment of local tariff duty; landing and/or selling their catches locally upon payment of the tariff duty locally applicable thereto; entering and clearing for the high seas and fisheries, as in the case of merchant vessels entering and clearing for foreign ports, except that they shall be exempt from tonnage duties and other charges specifically imposed on vessels entering from, and clearing for, foreign ports; and dressing and salting their catches on board ship in such ports and in the territorial waters of the Dominion of Canada.

Article 2

It is further agreed by the high contracting parties that British subjects residing in the Dominion of Canada shall have, in common with the inhabitants of the United States, the right to enter any port in the United States without the requirement of a license, or the payment of fees not charged to fishing vessels of the United States, for the purpose of purchasing bait, ice, nets, lines, coal, oil, provisions, and all other supplies and outfits used by fishing vessels whether the same are of a like character to those named herein or not; repairing fishing implements; shipping crews; transshipping their catches, and where transshipped for destinations located within the Dominion of Canada, shipping same in bond without payment of local tariff duty; landing and/or selling their catches locally upon payment of the tariff duty locally applicable thereto; entering and clearing for the high seas and fisheries, as in the case of merchant vessels entering and clearing for foreign ports, except that they shall be exempt from tonnage duties and other charges specifically imposed on vessels entering from and clearing for, foreign ports; and dressing and salting their catches on board ship in such ports and in the territorial waters of the United States.

Article 3

It is further agreed by the high contracting parties that all persons employed or being upon vessels entering the ports of Canada and the United States from the high seas fisheries shall be subject to the immigration laws and regulations of the respective countries, wherever applicable.

[Page 242]

Article 4

This Convention shall remain in force until two years from the date when either of the High Contracting Parties shall give notice to the other of its desire to terminate this Convention.

The present Convention shall be duly ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and the ratifications shall be exchanged in Washington as soon as practicable.

In faith whereof, the respective plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals.

Done at Washington, the _ _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ in the year of our Lord one thousand nine hundred and nineteen.

  1. Foreign Relations, 1918, pp. 456457; the conference referred to met for the first time on Jan. 16, 1918.
  2. Not found in Department files.
  3. Miller, Treaties, vol. 2, p. 658.