The Canadian Law of the 22nd of May, 1868, 31 Victoria, Cap. 61, entitled "An Act respecting Fishing by Foreign Vessels," among other things, enacts that any commissioned officer of Her Majesty's Navy, serving on board of any vessel of Her Majesty's Navy, cruising and being in the waters of Canada for purpose of affording protec tion to Her Majesty's subjects engaged in the fisheries; or any commissioned officer of Her Majesty's Navy, fishery officer, or stipendiary magistrate on board of any vessel belonging to or in the service of the Government of Canada, and employed in the service of protecting the fisheries, or any officer of the customs of Canada, sheriff, magistrate, or other person duly commissioned for that purpose, may go on board of any ship, vessel, or boat within any harbour in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, and stay on board as long as she may remain within such place or distance. It also provides, that if such ship, vessel, or boat be bound elsewhere, and shall continue within such harbour or so hovering for twenty-four hours after the master shall have been required to depart, any one of such officers or persons as are above mentioned may bring such ship, vessel, or boat into port and search her cargo, and may also examine the master upon oath, touching the cargo and voyage, and if the master or person in command shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel, or boat be foreign, or not navigated. according to the laws of the United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbours of Canada, not included within the above mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel, or boat, under the first section of this Act, such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof shall be forfeited. And that all goods, ships, vessels, and boats, and the tackle, rigging, apparel, furniture, stores, and cargo liable to forfeiture under this Act, may be seized and secured by any officers or persons mentioned in the second section of this Act; and every person opposing any officer or person in the execution of his duty under this Act, or aiding or abetting any other person in any opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and upon conviction be liable to imprisonment for a term not exceeding two years. On the 8th of January, 1870, the Governor-General of the Dominion of Canada, in Council, ordered that suitable sailing vessels, similar to La Canadienne, be chartered and equipped for the service of protecting the Canadian in-shore fisheries against illegal encroachments by foreigners, these vessels to be connected with the police force of Canada, and to form a marine branch. of the same. It is understood that by a change of the boundaries between Canada and Labrador, the Canadian territory now includes Mount Joly and a portion of the shore to the east thereof, which in the Treaty of 1818, was described as the southern coast of Labrador. This municipal change of boundary does not, however, interfere with the rights of American fishermen, as defined by the Treaty, on that portion of what was the southern coast of Labrador, east of Mount Joly.

Very respectfully,

GEO. S. BOUTWELL, Secretary.

No. 147.-1870, June 8: Letter from Mr. Hamilton Fish, United States Secretary of State, to Mr. E. Thornton, British Minister at Washington.

DEPARTMENT OF STATE, Washington, 8th June, 1870. SIR: I have the honour to acknowledge the receipt of your note of the 3d instant, and of the papers accompanying it, giving the names of the British vessels to be employed in maintaining order at the Canadian Fisheries, and the instructions proposed to be issued by Vice Admiral Wellesley, to the Commanders of those

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vessels.

I beg leave to point out to you and to Her Majestys Government an apprehended discrepancy between the terms of the instructions thus communicated and those which were given by the Admiralty to the Vice Admiral, a copy of which, dated the 5th ultimo, accompanied your note of the 26th ultimo, and which direct that "no vessel should be seized (meaning fishing vessels of the United States) "unless it is evident and can be clearly proved that the offense of fishing has been committed and that the vessel is captured within three miles of land" On the other hand, I find with the instructions issued by Vice Admiral Wellesley, and forming a part of them, a letter marked Confidential, from the Secretary of State for the Colonies to the Lords of the Admiralty, dated Downing Street, April 2d., 1866, in which is expressed the opinion of Her Majesty's Government, that the United States have renounced the right of fishing within three miles of a line drawn across the mouth of any British bay or creek; and also that American fishermen should not be interfered with either by notice or otherwise, unless they are found within three miles of a line drawn across the mouth of a bay or creek which is less than ten geographical miles in width, in conformity with the arrangement made with France in 1839, and that American vessels found within these limits should be warned that by engaging or preparing to engage in fishing they will be liable to forfeiture and should receive notice to depart

The Vice Admiral communicated a copy of these instructions, which he proposed to issue immediately to the commander of the "Plover," to the Secretary of the Admiralty, on the 27th of April last, and though it is not doubted that on receipt of the later instructions addressed to him on the 5th ultimo, by the Lords Commissioners of the Admiralty he will modify the directions to his subordinates so that they will be in conformity with the views of the Admiralty, and without entering into any consideration of questions which might be suggested by the letter referred to, which I understand to be superseded by later instructions, I think it best to call your attention to the inconsistencies referred to in order to guard against misunderstandings and complications that might arise in the absence of modifications of the instructions communicated in your note of the 3d

instant.

I have the honour to be with the highest consideration, Sir, your obedient servant,

EDWARD THORNTON Esqre C.B.

HAMILTON FISH

&c, &c, &c,

No. 148.-1870, June 9: Circular relating to Canadian in-shore Fisheries, issued by Mr. Boutwell, United States Secretary of the Treasury.

TREASURY DEPARTMENT, Washington, June 9th, 1870. SIR,-In compliance with the request of the Secretary of State, you are hereby authorized and directed to inform all masters of fishing vessels, at the time of clearance from your port, that the authorities of the Dominion of Canada have terminated the system of granting fishing licences to foreign vessels, under which they have heretofore been permitted to fish within the maritime jurisdiction of the said Dominion, that is to say within three marine miles of the shore thereof; and that all fishermen of the United States are prohibited from the use of such in-shore fisheries, except so far as stipulated in the first article of the Treaty of October 20, 1818, between the United States and Great Britain, in virtue of which the fishermen of the United States have, in common with the subjects of Her Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands; on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands; on the shores of the Magdalen Islands; and also on the coasts, bays, harbours, and creeks, from Mount Joly, which was, when the Treaty was signed, on the southern coast of Labrador, to and through the Straits of Belle Isle, and thence northwardly, indefinitely along the coast, without prejudice, however, to any exclusive rights of the Hudson's Bay Company; and have also liberty for ever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland, above described, and of the coast of Labrador, unless the same, or any portion thereof, be settled, in which case it is not lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground; and also, are admitted to enter any other bays or harbours, for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever, subject to such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges reserved to them as above expressed. Fishermen of the United States are bound to respect the British laws and regulations for the regulation and preservation of the fisheries to the same extent to which they are applicable to British of Canadian fisher

men.

238 The Canadian law of the 22nd of May, 1868, 31 Victoria. cap. 61, entitled "An Act respecting Fishing by Foreign Vessels," and the Act assented to on the 12th of May, 1870, entitled "An Act to amend the Act respecting Fishing by Foreign Vessels, among other things, enact, that any commissioned officer of Her Majesty's navy, serving on board of any vessel of Her Majesty's navy, cruising and being in the waters of Canada, for the purpose of affording protection to Her Majesty's subjects engaged in the fisheries, or any commissioned officer of Her Majesty's navy, fishery officer, or stipendiary magistrate, on board of any vessel belonging to or in the

service of the Government of Canada, and employed in the service of protecting the fisheries, or any officer of the customs of Canada, sheriff, magistrate, or other person duly commissioned for that purpose, may go on board of any ship, vessel, or boat, within any harbour in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, and stay on board as long as she may remain within such place or distance; and that any one of such officers or persons as are above mentioned may bring any ship, vessel, or boat, being within any harbour in Canada or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, into port, and search her cargo, and may also examine the master upon oath, touching the cargo and voyage; and if the master or person in command shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel, or boat, be foreign, or not navigated according to the laws of the United Kingdom, or of Canada, and has been found fishing or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbours of Canada, not included within the above mentioned limits, without a licence, or after the expiration of the period named in the last licence granted to such ship, vessel, or boat, under the first section of this Act, such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof, shall be forfeited. And that all goods, ships, vessels, and boats, and the tackle, rigging, apparel, furniture, stores, and cargo, liable to forfeiture under this Act, may be seized and secured by any officers or persons mentioned in the second section of this Act. And every person opposing any officer or person in the execution of his duty under this Act, or aiding, or abetting any other person in any opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanour, and upon conviction be liable to imprisonment for a term not exceeding two years. It will be observed, that the warning formerly given is not required under the amended Act, but that vessels are liable to seizure without such warning.

On the 8th of January, 1870, the Governor General of the Dominion of Canada, in Council, ordered that suitable sailing vessels, similar to the "La Canadienne," be chartered and equipped for the service of protecting the Canadian in-shore fisheries against illegal encroachments by foreigners, these vessels to be connected with the police force of Canada, and to form a marine branch of the same. It is understood that, by a change of the boundaries between Canada and Labrador, the Canadian territory now includes Mount Joly and a portion of the shore to the east thereof, which in the Treaty of 1818 was described as the southern coast of Labrador. This municipal change of boundary does not, however, interfere with the rights of American fishermen, as defined by the Treaty, on that portion of what was the southern coast of Labrador, east of Mount Joly.

Very respectfully,

GEO. S. BOUTWELL, Secretary of the Treasury.

No. 149.-1870, June 11: Letter from Mr. Thornton, British Minister at Washington, to Mr. Fish, United States Secretary of State.

WASHINGTON, 11th June, 1870.

SIR, I had the honour to receive yesterday your note of the 8th inst. relative to an apparent discrepancy between the instructions issued by Vice-Admiral Wellesley, inclosed in my note of the 3rd. inst., and those given by the Admiralty to him, which accompanied my note of the 26th ult. You are, however, quite right in not doubting that Admiral Wellesley, on the receipt of later instructions addressed to him on the 5th ul., will have modified the directions to the officers under his command, so that they may be in conformity with the views of the Admiralty.

In confirmation of this I have since received a letter from ViceAdmiral Wellesley, dated the 30th ult., informing me that he had received instructions to the effect that officers of Her Majesty's ships employed in the protection of the fisheries should not seize any vessel unless it were evident and could be clearly proved that the offence of fishing had been committed and the vessel itself captured within three miles of land.

I avail myself at the same time of the opportunity to point out to you, in compliance with an instruction which I have received from the Earl of Clarendon, that the Circular of the 16th ult., of your hon. colleague the Secretary of the Treasury, respecting the Canadian

239

inshore fisheries may lead to future misunderstanding, inasmuch as it limits the maritime jurisdiction of the Dominion of Canada to three marine miles from the shores thereof, without regard to international usage which extends such jurisdiction over creeks and bays, or to the stipulations of the Treaty of 1818, in which the United States renounces the right of fishing within three miles, not of the coast only, but of the bays, creeks or harbours of Her Britannic Majesty's Dominions in America.

I have, &c.,

The Hon. H. FISH,

(Signed) E. THORNTON.

&c. &c. &c.

No. 150.-1870, June 30: Letter from Mr. Fish, United States Secretary of State, to Mr. Thornton, British Minister at Washington.

DEPARTMENT OF STATE, WASHINGTON, 30th June, 1870,

SIR; I have the honour to acknowledge the receipt of your note of the 11th instant, in which you confirm my impression that Admiral Wellesley will have modified the directions to the officers under his command engaged in the protection of the Canadian Fisheries so that they shall be in conformity with the views of the Admiralty, and in which you point out under instructions from the lamented Earl of Clarendon, that the circular of the 16th ultimo, issued by the Secretary of the Treasury of the United States respecting the Canadian inshore Fisheries may lead to further misunderstanding, inasmuch as it limits the maritime jurisdiction of the Dominion of Canada to three marine miles from the shores thereof,

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