206 day, communicated with the Secretary of State of the United States upon this subject, and suggested the expediency of adopting some means of making American citizens, concerned in the prosecution of the fisheries, acquainted with these laws and regulations. Mr. Marcy entirely concurs with me in the opinion that such a measure would be calculated to prevent the occurrence of any misunderstanding on the part of American fishermen, who may now resort to New Brunswick for the purpose of exercising their newly acquired rights under the Treaty of Reciprocity, and proposes that, after the documents-with which Your Excellency is about to furnish me-shall have been examined by him, and shall have been found, as he doubts not will be the case, to contain no provisions inconsistent with the full enjoyment of the American citizens of the rights of fishing secured them by the Treaty, and to direct the "Collectors of the United States' .Customs" to furnish copies of the same to the masters of all the vessels clearing from American ports to the British fisheries. I will observe that I am not in possession of the collection of documents published from Her Majesty's Stationery Office in 1853, to which Your Excellency alludes, and that I should consequently feel obliged, should your Excellency be so kind as to furnish me with a copy of the collection. I have, &c., (Signed) H.E. The Honble J. H. T. MANNERS SUTTON JOHN F. CRAMPTON. &c &c &c No. 124.-1855, June: Letter from Mr. Crampton to the Earl of Clarendon (British Foreign Secretary). No. 129. WASHINGTON June 1855 MY LORD-I have the honour to enclose the copy of a letter which I have received from the Lieutenant Governor of New Brunswick regarding the laws & local regulations, affecting the fisheries of that Province; & I have also the honour to enclose a copy of my reply to His Excellency's communication. Your Lordship will perceive that it is Mr. Manners' Sutton's object, to prevent the occurrence of disputes between provincial & American fishermen; arising out of violations, by the latter, of those laws & local regulations by which the fishermen of New Brunswick are bound.- I have thought this a subject of sufficient importance to bring it under the attention of the Government of the United States, with a view to the adoption of such measures as may, as much as possible, prevent the occurrence of any misunderstanding on the part of American citizens, who, in the exercise of their newly acquired right under the Reciprocity Treaty, may resort to the fisheries of New Brunswick. I found every disposition on Mr. Marcy's part to concur with the British provincial authorities in the adoption of any measures of precaution by which the chances of collision between the fishermen. of the two countries may be diminished; & with this view it is proposed that the masters of American fishing vessels, clearing for the fisheries of New Brunswick, shall be furnished with printed copies of the laws & regulations in question it being understood that these shall contain nothing inconsistent with the unrestricted exercise, by American citizens of the rights secured to them by the Reciprocity Treaty.— I have thought it right to bring this matter under the immediate attention of the Governor General of Canada, & the LieutenantGovernors of Nova Scotia, & Prince Edward Island, with a view to the adoption of a similar arrangement, in regard, to the fisheries of those provinces, to that now proposed, in regard, to the fisheries of New Brunswick;-& I have the honour to enclose herewith the copy of a letter which I have addressed to their Excellencies for that purpose. I have the honour to be with the highest respect-My Lord, JOHN F CRAMPTON The Right Honbl. The EARL OF CLARENDON-K.G. &c &c &c No. 125.-1855, June 28: Letter from Mr. Crampton to the GovernorGeneral of Canada. WASHINGTON, June 28, 1855. SIR, With a view to preclude the possibility of misunderstanding on the part of citizens of the United States who may in the exercise of the rights secured to them by the Reciprocity Treaty resort to the fisheries on the coasts of Canada, I have the honour to suggest 207 to your Excellency that I should be furnished with authentic. copies of such laws and local regulations as may have been adopted by the Legislature cr other competent authority of the Provinces of Canada, for the preservation of the fisheries in harbours for similar purposes, in order that the same may be communicated to the Government of the United States with a view to their being made known by them to American citizens concerned in the fisheries. Copies of the laws and regulations of the Province of New Brunswick relating to the fisheries have already been communicated to me by the Lieutenant-Governor of that province, and I find every disposition on the part of the Government of the United States to cooperate with the British provincial authorities, in such measures as may diminish the chance of disputes arising between the fisheries of the two countries. With this view it is proposed by the American Secretary of State to instruct United States' Collectors of Customs to furnish printed copies of the laws and regulations in question to the masters of all vessels clearing from American ports to the British fisheries. It is of course understood that these laws and regulations shall contain no provisions at variance with the stipulations of the Reciprocity Treaty by which the right of participating in the British fisheries is secured to American citizens. JOHN F. CRAMPTON. I have, &c., No. 126.-1855, July 12: Circular addressed by Mr. Marcy, United States Secretary of State to the Collector of Customs. CH. H. PEASLEE Esqre Collector of the Customs Circular Boston. DEPARTMENT OF STATE, Washington, July 12, 1855. SIR, It is understood that there are certain Acts of the British North American Colonial Legislatures, and also, perhaps, Executive Regulations, intended to prevent the wanton destruction of the fish which frequent the coasts of the Colonies and injuries to the fishing thereon. There is nothing in the Reciprocity Treaty between the United States and Great Britain which stipulates for the observance of these regulations by our fishermen; yet, as it is presumed, they have been framed with a view to prevent injuries to the fisheries, in which our fishermen now have an equal interest with those of Great Britain, it is deemed reasonable and desirable that both should pay a like respect to those regulations, which were designed to preserve and increase the productiveness and prosperity of the fisheries themselves. It is, consequently, earnestly recommended to our citizens to direct their proceedings accordingly. You will make this recommendation known to the masters of such fishing vessels as belong to your port, in such manner as you may deem most advisable. I am, &c., It is believed that the principal regulations referred to above are the following, from the Revised Statutes of New Brunswick, Vol. I, Title 22, chap. 101: 7. The Wardens of any county shall, when necessary, mark out and designate in proper positions "gurry grounds" putting up notices thereof, describing their limits and position, in the several school houses and other most public places in the parish where the said gurry grounds are marked out, publishing the like notice in the "Royal Gazette"; and no person after such posting and publication shall cast overboard from any boat or vessel the offal of fish into the waters at or near the said parish at any place except the said gurry grounds. 12. Within the parishes of Grand Manan, West Isles, Campo Bello, Pennfield, and St. George, in the County of Charlotte, no seine or net shall be set across the mouth of any haven, river, creek, or harbour, nor in any place extending more than one-third the distance across the same, or be within 40 fathoms of each other, nor shall they be set within 20 fathoms of the shore at low water mark. 15. No herrings shall be taken between the 15th of July and 15th October in any year, on the spawning ground at the southern head of Grand Manan, to commence at the eastern part of Seal Cove, at a place known as Red Point; thence extending westerly along the coast and around the southern head of Bradford's Cove, about five miles, and extending one mile from the shore; all nets or engines used for catching herring on the said ground within that period shall be seized and forfeited, and every person engaged in using the same shall be guilty of a misdemeanour and punished accordingly 208 No. 127.-1855, August 7: Letter from Mr. Crampton to the No. 163. WASHINGTON August 7th 1855. MY LORD, With reference to my despatch No 129 of the 28th of June last, stating to your Lordship the measures which I had taken for effecting such an arrangement with the Government of the United States as would tend to prevent the occurrence of disputes between American and British fishermen, in the waters of the North American Colonies, by securing due respect by American fishermen, to such local regulations as had been established by the provincial authorities for the preservation of the fisheries, I have now the honour to inclose the copy of a circular instruction which has been addressed by Mr. Marcy to the Collectors of Customs of the United States with a view to the attainment of this object. Your Lordship will observe that Mr. Marcy, while he strongly recommends to American citizens to respect the local regulations in question, as calculated to preserve the fisheries in which they have a joint interest with British subjects-states nevertheless that, "there is nothing in the Reciprocity Treaty between the United States and Great Britain which stipulates for the observance of such regulations by the United States." I cannot but regret that Mr. Marcy has expressed this view of the matter, which I apprehend may give rise to misunderstanding; for it is evident that, were it admitted, that in the exercise of a privilege, to which both have a common right, American citizens are to be merely recommended by their Government to conform to certain regulations, which British subjects are compelled by legal penalties to respect, the latter would have just grounds for dissatisfaction.Nor can I concur with Mr. Marcy in the principle upon which his view of the subject is based;-for it appears to me that American citizens, while within British jurisdiction would be subject to the penalties attached to the infringement of all legal regulations, local, as well as general, by which British subjects are bound:-and not less to those affecting the fisheries, provided always, that these latter did not trench upon the rights secured by treaty to citizens of the United States. Did any such law or police regulation exist, or were any such to be enacted, the Government of the United States would no doubt be justified in demanding its abrogation;-but the principle now enounced by Mr. Marcy extends much further, for it goes to exonerate American citizens from the penalties attaching to the violation of all British laws and regulations, however unobjectionable, now affecting, or which may hereafter affect, the British fisheries; and leave their observance to depend solely on the good feeling or good sense of the individuals who may at any time happen to be engaged in those fisheries. I have the honour to be with highest respect, My Lord, JOHN F CRAMPTON The Right Honble The EARL OF CLARENDON KG. No. 128.-1855, October 11: Letter from the Earl of Clarendon to Mr. Crampton. No. 120. FOREIGN OFFICE October 11, 1855 SIR, Her Majesty's Government have had under their consideration your despatch No. 163, of the 7th of August last, enclosing copy of a Circular addressed by the United States Secretary of State to the Collector of Customs of the United States respecting the observance by American fishermen of such local regulations as have been established by the Colonial Authorities for the protection of the fisheries, and I have to state to you that Her Majesty's Government entirely concur in the view which you have taken of Mr. Marcy's Circular. By the Reciprocity Treaty between this country and the United States American citizens are admitted to the benefit of certain fisheries carried on in British waters in common with Her Majesty's subjects. It follows as a necessary consequence that such American citizens are bound to observe the existing laws and regulations established for the conduct of such fisheries by which British subjects are bound. This is necessarily implied in the very words of the Article of the Treaty, but independently of all agreement, it would follow, on general principles, that American fishermen pursuing their occupation within British territory would be bound to observe the local laws and regulations in like manner as all foreigners are bound to observe the municipal laws of the country in which they are resident. It is indeed literally true, as Mr. Marcy states, that there is no express stipulation in the Reciprocity Treaty which binds American citizens to observe the British Colonial Regulations, but the obligation to do so did not require a stipulation; it attaches upon American citizens as soon as they claim the benefit of the Treaty. Her Majesty's Government are of opinion that the expressions adopted by Mr. Marcy are much to be regretted as they are calculated to mislead and to be a fruitful source of disputes and opposition to British authority, and you will therefore take an early opportunity of urging upon Mr. Marcy the expediency of some explanation being given by the United States, to prevent that misapprehension, to which the language of the Circular is undoubtedly likely to give rise. 209 I am, with great truth and regard, Sir, Your most obedient humble servant, JOHN F. CRAMPTON Esqr &c &c &c CLARENDON No. 129.-1856, March 28: Letter from Mr. Marcy to Mr. Crampton. Private. WASHINGTON, March 28. /56 SIR: I enclose a Circular to be issued to our fishermen modified, as I think, so as to conform to your suggestions on that subject. I submit it to you with a request to return it with such remarks thereon as you may see fit to make. Yours, JOHN F. CRAMPTON, Esqre., W. L. MARCY &c., &c., &c. |