North Atlantic Coast: Correspondence, 27-1 - 4-3-1909

Correspondence, 27 January - 4 March 1909

[218]^[1]

Correspondence of January 27 - March 4, 1909, supplementary to the Agreement for Arbitration^[2]

Department of State,
Washington, January 27, 1909

Excellency: In order to place officially on record the understanding already arrived at by us in preparing the special agreement which we have signed to-day for the submission of questions relating to fisheries on the north Atlantic coast under the general treaty of arbitration concluded between the United States and Great Britain on the fourth day of April, 1908, I have the honor to declare on behalf of the Government of the United States that Question 5 of the series submitted, namely, “From where must be measured the ‘three marine miles of any of the coast, bays, creeks, or harbors’ referred to in the said article” is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso is included in this question as one to be raised in the present arbitration; it being the intention of the parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration.

[219]  I have the honor to be, with the highest respect, your Excellency’s most obedient servant,

Elihu Root

His Excellency The Right Honorable James Bryce, O. M.,
Ambassador of Great Britain

* * *

British Embassy,
Washington, January 27, 1909

SIR: I have the honour to acknowledge your note of to-day’s date and in reply have to declare on behalf of His Majesty’s Government, in order to place officially on record the understanding already arrived at by us in preparing the special agreement which we have signed to-day for the submission of questions relating to fisheries on the north Atlantic coast under the general treaty of arbitration concluded between Great Britain and the United States on the 4th day of April, 1908, that Question 5 of the series submitted, namely, “From where must be measured the ‘three marine miles of any of the coasts, bays, creeks or harbors’ referred to in the said article” is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy, considered as a whole apart from its bays and creeks, or as to innocent passage through the Gut of Canso is included in this question as one to be raised in the present arbitration; it being the intention of the parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration.

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

James BRYCE

The Honorable Elihu Root, Etc., etc., etc.,
Secretary of State

* * *

Department of State,
Washington, February 21, 1909

Excellency: I have the honor to inform you that the Senate, by its resolution of the 18th instant, gave its advice and consent to the ratification of the special agreement between the United States and Great Britain, signed on January 27, 1909, for the submission to the Permanent Court of Arbitration at The Hague of questions relating to fisheries on the north Atlantic coast.

In giving this advice and consent to the ratification of the special agreement, and as a part of the act of ratification, the Senate states in the resolution its understanding – “that it is agreed by the United States and Great Britain that Question 5 of the series submitted, namely, from where must be measured the three marine miles of any of the coasts, bays, creeks, or harbors referred to in said article? does not include any question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, and that the respective views or contentions of the United States and Great Britain on either subject shall be in no wise prejudiced [220] by anything in the present arbitration, and that this agreement on the part of the United States will be mentioned in the ratification of the special agreement and will, in effect, form part of this special agreement.”

In thus formally confirming what I stated to you orally, I have the honor to express the hope that you will in like manner formally confirm the assent of His Majesty’s Government to this understanding which you heretofore stated to me orally, and that you will be prepared at an early day to exchange the notes confirming the special agreement as provided for therein and in the general arbitration convention of June 5, 1908.

I have the honor to be, with the highest consideration, your Excellency’s most obedient servant,

Robert BACON

His Excellency The Right Honorable James Bryce, O.M.
Ambassador of Great Britain.

* * *

British Embassy,
Washington, March 4, 1909

SIR: I have the honor to acknowledge the receipt of your note informing me that the Senate of the United States has approved the special agreement for the reference to arbitration of the questions relating to the fisheries on the north Atlantic coast and of the terms of the resolution in which that approval is given.

It is now my duty to inform you that the Government of His Britannic Majesty confirms the special agreement aforesaid and in so doing confirms also the understanding arrived at by us that Question 5 of the series of questions submitted for arbitration, namely, from where must be measured the “three marine miles of any of the coasts, bays, creeks, or harbors” referred to in the said article, is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, is included in this question as one to be raised in the present arbitration, it being the intention of the parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration.

This understanding is that which was embodied in notes exchanged between your predecessor and myself on January 27th, and is that expressed in the abovementioned resolution of the Senate of the United States.

I have the honor to be, with the highest respect, sir, your most obedient, humble servant,

James BRYCE

The Honorable Robert Bacon,
Secretary of State

* * *

Department of State,
Washington, March 4, 1909

Excellency: I have the honor to acknowledge the receipt of your note of the 4th instant in which you confirm the understanding in the matter of the special agreement submitting to [221] arbitration the differences between the Governments of the United States and Great Britain concerning the north Atlantic fisheries, as expressed in the resolution of the Senate of February 18, 1909, and as previously agreed upon by the interchange of notes with my predecessor of January 27, 1909.

I therefore have the honor to inform you that this Government considers the special agreement as in full force and effect from and after the 4th day of March, 1909.

I have the honor to be, with the highest consideration, your Excellency’s most obedient servant,

Robert BACON

His Excellency The Right Honorable James Bryce, O. M.,
Ambassador of Great Britain.

^{1 Page numbering refers to the text as it appears in Vol. XI, REPORTS OF INTERNATIONAL ARBITRAL AWARDS (R.I.A.A.).
2 MALLOY, TREATIES, CONVENTIONS, ETC., BETWEEN THE UNITED STATES AND OTHER POWERS, Vol. 1, p. 841.}