584 CORRESPONDENCE, ETC. 



Also from such Regulations as have been passed or may be passed 

 by the Governor General in Council, or from Instructions from the 

 Department of Marine and Fisheries, under The Fisheries Act herein- 

 before cited. 



In such capacity, your jurisdiction must be strictly confined within 

 the limit of " three marine miles of any of the coasts, bays, creeks, or 

 harbors," of Canada, with respect to any action you may take against 

 American fishing vessels and United States citizens engaged in fish- 

 ing. Where any of the bays, creeks, or harbors shall not exceed ten 

 geographical miles in width, you will consider that the line of de- 

 marcation extends from headland to headland, either at the entrance 

 to such bay, creek or harbor, or from and between given points on 

 both sides thereof, at any place nearest the mouth where the shores 

 are less than ten miles apart; and may exclude foreign fishermen and 

 fishing vessels therefrom, or seize if found within three marine miles 

 of the coast. 



Should you have occasion to compel any American fishing vessels 

 or fishermen to conform to the requirements of the Fisheries Act and 

 Regulations as regards the modes and incidents of fishing, at those 

 places to which they are admitted under the Convention of 1818, — 

 particularly in relation to ballast, fish offals, setting of nets, and 

 hauling of seines, and use of " trauls," or " bultows," more especially 

 at and around the Magdalen Islands, — your power and authority over 

 such cases will be similar to that of any other Fishery Officer ap- 

 pointed to enforce the Fishery Laws in Canadian waters. (Vide 

 Fisheries Act.) 



Certain portions of the foregoing Acts relate to the prevention of 

 illicit trade. Instructions will, therefore, be given you by the Cus- 

 toms Department, authorizing you to act as an Officer of Customs; 

 and it will form part of your duty to see that the Laws and Regula- 

 tions affecting Revenue, are duly observed. In your capacity of a 

 Customs Officer, you cannot receive any aid from Her Majesty's ves- 

 sels to enforce authority under the Customs Laws. 



Jurisdiction. — The limits within which you will, if necessary exer- 

 cise the power to exclude United States fishermen, or to detain Amer- 

 ican fishing vessels or boats, are for the present to be exceptional. 

 Difficulties have arisen in former times with respect to the question, 

 whether the exclusive limits should be measured on lines drawn 

 parallel everywhere to the coast and describing its sinuosities, or on 

 lines produced from headland to headland across the entrances of bays, 

 creeks or harbors. Her Majesty's Government are clearly of opinion, 

 that by the Convention of 1818, the United States have renounced 

 the right of fishing not only within three miles of the Colonial shores, 

 but within three miles of a line drawn across the mouth of any British 

 bay or creek. It is, however, the wish of Her Majesty's Government 

 neither to concede, nor for the present to enforce any rights in this 

 respect, which are in their nature open to any serious question. Until 

 further instructed, therefore, you will not interfere with any Amer- 

 ican fishermen unless found within three miles of the shore, or 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 caseof any other 

 bay, as Bay de Chaleurs. for example, you will not admit any United 

 States fishing vessel or boat, or any American fishermen, inside of a 



