228 



DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



that date to Lord. Clarendon, in which he stated 

 that 



The President does uot deny, on the contrary lie 

 maintains, that every sovereign power decides for it- 

 self, on its responsibility, the question whether or 

 not it will, at a given time, accord the status of bel- 

 ligerency to the insurgent subjects of another power, 

 as also the larger question ot the independence of 

 such subjects, and their accession to the family of 

 sovereign states. 



But the rightfulness of such an act depends on the 

 occasion and the circumstances, and it is an act, like 

 the sovereign act of war, which the morality of the 

 public law and practice requires should be deliberate, 

 seasonable, and just, in reference to surrounding 

 facts ; national belligerency, indeed, like national in- 

 dependence, being but an existing fact, officially rec- 

 ognized as such ; without which such a declaration 

 is only the indirect manifestation of a particular lino 

 of policy. 



Mr. Fish further said : 



"We hold that the international duty of the Queen's 

 Government in this respect was above and indepen- 

 dent of the municipal laws of England. * * * The 

 President is not yet prepared to pronounce on the 

 question of the indemnities which ne thinks due by 

 Great Britain to individual citizens of the United 

 States, for the destruction of their property by rebel 

 cruisers fitted out in the ports of Great Britain. 



Nor is he now prepared to speak of the reparation 

 which he thinks due by the British Government for 

 the larger account of the vast national injuries it has 

 inflicted on the United States. 



Nor does he attempt now to measure the relative 

 effect of the various causes of injury, whether by un- 

 timely recognition of belligerency, by suffering the 

 fitting out of rebel cruisers, or by the supply of 

 ships, arms, and munitions of war, to the Confeder- 

 ates, or otherwise, in whatsoever manner. 



Nor does it fall within the scope of this dispatch 

 to discuss the important changes in the rules of pub- 

 lic law, the desirableness of which has been demon- 

 strated*by the incidents of the last few years now 

 under consideration, and which, in view of the mari- 

 time prominence of Great Britain and the United 

 States, it would befit them to mature, and propose 

 to the other states of Christendom. * * * Although 

 the United States are anxious for a settlement on a 

 liberal and comprehensive basis of all the questions 

 which now interfere with the entirely cordial rela- 

 tions which they desire to exist between the two gov- 

 ernments, they do not now propose or desire to set 

 any time for this settlement. On the contrary, they 

 prefer to leave that question, and also the more im- 

 portant question of the means and method of removing 

 the causes of complaint, of restoring the much-de- 

 sired relations of perfect cordiality, and the prevent- 

 ing of the probability of like questions in the future, 

 to the consideration of her Majesty's Government. 

 They will, however, be ready, whenever her Majes- 

 ty's Government shall think the proper time has come 

 for a renewed negotiation, to entertain any proposi- 

 tion which that Government shall think proper to 

 present, and to apply to such propositions their ear- 

 nest and sincere wishes and endeavors for a solution, 

 honorable and satisfactory to both, countries. 



To this Lord Clarendon, on the 6th of No- 

 vember, made reply, in which he stated : 



The Government of her Majesty, equally with the 

 Government of the United States, earnestly desire 

 that all differences between the two nations may be 

 adjusted amicably and compatibly with the honor of 

 each, and that all causes of future difference between 

 them may be prevented ; and they would heartily 

 cooperate with the Government of the United States 

 in laying down as between themselves, and in recom- 

 mending for adoption by other maritime nations, 



such principles of maritime law ns might obviate the 

 recurrence of similar causes of difference between 

 them. 



And it is because they earnestly desire to hasten 

 the period at which these important objects may be 

 accomplished, that her Majesty's Government have 

 determined not to follow Mr. Fish through the long 

 recapitulation of the various points that have been 

 discussed in the voluminous correspondence that has 

 taken place between the two governments for several 

 years. 



And further : 



But her Majesty's Government fully agree with 

 Mr. Fish in considering that it would be desirable 

 to turn the difficulties which have arisen between 

 the two governments to good account, by making 

 the solution of them subservient to the adoption, as 

 between themselves in the first instance, of such 

 changes in the rules of public law as may prevent 

 the recurrence, between nations that may concur in 

 them, of similar difficulties hereafter. 



You may_ assure Mr. Fish that her Majesty's Gov- 

 ernment will cooperate with the Government of the 

 United States for so salutary a result, which would 

 redound to the mutual honor of both countries, and, if 

 accepted by other maritime nations, have an important 

 influence toward maintaining the peace of the world. 



He also enclosed more informal notes, which 

 became the subjects of considerable correspond- 

 ence in the course of the following winter to 

 ascertain their character. 



Af^er the death of Lord Clarendon, it being 

 supposed that the new minister might perhaps 

 desire to reopen negotiations, Mr. Motley was 

 invited to resign, in order to afford the Govern- 

 ment an opportunity to be represented by a 

 person in harmony with it. Declining to do 

 so, he was removed. 



Fisheries. Early in the season of 1870, the 

 Dominion authorities revoked the system of 

 fishing-licenses hitherto existing tinder their 

 laws; and the Canadian Parliament, on the 

 12th of May, enacted a law which authorized 

 British officers to bring vessels, hovering within 

 three marine miles of any of the coasts, bays, 

 creeks, or harbors of Canada, into port, to 

 search the cargo, to examine the master on 

 oath touching the cargo and voyage, and to 

 inflict upon him a heavy pecuniary penalty, if 

 true answers were not given ; and if such a 

 vessel should be found " preparing to fish " 

 within three marine miles of any such coasts, 

 bays, creeks, or Harbors, without a license, or 

 after the expiration of the period named in the 

 last license granted to it. it was provided that 

 the vessel, with her tackle, etc., should be ' 

 forfeited. 



The limits of Canada, as defined by the act 

 of Parliament of 1825, exceed the limits exist- 

 ing at the conclusion of the treaty of 1818 be- 

 tween the United States and Great Britain. 

 The late acts of the Canadian Parliament relat- 

 ing to inshore fishing infringe the treaty so far 

 as they are applied to the coast beyond the 

 Canadian boundary of 1818. The Secretary 

 of State, in. his note of May 31, 1870, to Mr. 

 Thornton, communicated the views of this Gov- 

 ernment as to that point. Mr. Thornton, in 

 reply, said that, while he thought the Secretary 



