PERIOD FROM 1854 TO 1871. 581 



These police vessels will be commanded by competent officers with 

 magisterial powers, will be stationed in Canadian waters with instruc- 

 tions to act with the greatest discretion, and only in cases of clear 

 infringement of the law. 



John A. Macdonald. 



[Inclosure No. 3.] 



An act respecting fishing by foreign vessels. (Assented to May 22, 

 1868.) a 



Mr. Fish to Mr. Thornton. 



Department of State. 



Washington, April 21, 1870. 



Sir: I have the honor to acknowledge the receipt of your note 

 of the 14th instant, inclosing a copy of a dispatch from his excellency 

 the Governor General of the Dominion of Canada, and of the papers 

 which accompanied it. I must invite your attention and that of her 

 Majesty's authorities to the first paragraph of the order in council 

 of the 8th of January last, as quoted in the memorandum of the 

 Prime Minister of the Dominion of Canada, accompanying the dis- 

 patch of his excellency the Governor General, which paragraph is 

 in the following language, to wit: 



That the system of granting fishing license to foreign vessels, un- 

 der the act 31 Vic, cap. 61, be discontinued, an d that henceforth all 

 foreign fishermen be prevented from fishing in the- waters of Canada. 



The words underscored seem to contemplate an interference with 

 rights guaranteed to the United States under the first article of the 

 treaty of 1818, which secures to American fishermen the right of fish- 

 ing in certain waters which are understood to be claimed at present 

 as belonging to Canada. 



1 have the honor to be, with the highest consideration, 



J I am ii.to.n Fish. 



Mr. Thornton to Mr. Fish. 



Washington, April 22, 1870. 

 Sm: T have the honor to acknowledge the receipt of your note of 

 yesterday's date, in which you call my attention to the fust para- 

 graph oi the Canadian order of council of the 8th of January last, 

 r«'!;it ive to the Canadian fisheries. 1 am forwarding a copy of your 

 note to the Governor-General of Canada; but, in the mean time, I 

 ; will allow me to express my conviction thai there was not 

 the slightest intention, in issuing the above-mentioned order, to 

 abridge citizen of the United States <>f any of the rights to which 

 thev arc entitled by the treaty of October 20, L818, and which are 

 tacitly acknowledged in the Canadian law of May 22, L868, a copy 

 of which I had the honor to forward to you in my note of the 14th 

 instant. 



Edward Thornton. 



" For this act, see p. 188. 



