594 CORRESPONDENCE, ETC. 



interference with fishermen of the United Slates while in the exercise 

 of their guaranteed liberty. If our understanding that the boundary 

 and jurisdiction of Canada extend to the bay or harbor of Ance 

 Sablon, and include the Magdalen Islands, be correct, "the waters 

 of Canada " embrace the coast of Labrador from Mount Joly to the 

 Bay of Ance Sablon, and include also the Magdalen Islands. De- 

 sirous to avoid the possibility of any misapprehension on the part 

 of those who may be charged with the execution of the order in 

 council, I beg to call your attention to the acts to which I have re- 

 ferred, and to request, in case I am in error with regard to the eastern 

 boundary and the extent of jurisdiction in Canada, that you will 

 advise me of the real boundary and jurisdiction. If I am correct in 

 this respect, and if that part of the coast of what in 1818 was known 

 as Labrador included between Mount Joly and the bay or harbor 

 of Ance Sablon, or the Magdalen Islands, be in " the waters of 

 Canada," I do not doubt that the authorities of the Dominion will 

 recognize the necessity of such modification of the order in council 

 of the 8th of January last, or of such additional instructions to be 

 given as w T ill secure the fishermen of the United States from inter- 

 ference while in the exercise of the liberty guaranteed to them by 

 the treaty of 1818. 



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



Hamilton Fish. 



Report of Canadian Minister of Marine and Fisheries with reference 

 to special instructions of May 14, 1870. 



Department of Marine and Fisheries, 



Ottawa, 31st May, 1870. 



Having reference to a despatch of the 30th ultimo, from the 

 Secretary of State for the Colonies, covering a communication of 

 the same date from Sir Frederick Rogers to the Secretary of the 

 Admiralty, directing attention to instructions given to the Officers 

 of Her Majesty's ships employed in the protection of the fisheries 

 of Canada, and desiring the Canadian Government to give corre- 

 sponding directions to Officers in command of the Marine Police 

 vessels similarly engaged, the undersigned has the honor to submit 

 that in certain respects Lord Granville's wish has been already 

 provided for in the Special Instructions adopted by the Governor 

 General in Council, on the 14th instant. 



The Officers of Her Majesty's ships, are, it is said, instructed " not 

 to seize any vessel unless it is evident, and can be clearly proved, that 

 the offence of fishing has been committed, and the vessel itself is 

 captured within three miles of land." 



Attention is respectfully requested to a division of the instructions 

 issued by the Government of Canada, headed " Action," by which 

 it will be seen that exercise of the lawful power of peremptory and 

 absolute detention is not contemplated on the first occasion, unless 

 there be a wilful and persistent violation of the law; but such pre- 

 liminary forebearance could not possibly be extended to any subse- 

 quent act of trespass. 



Another division of these instructions, headed " Directions," pro- 

 vides with great care against the possibility of any offending vessel 

 being seized by the Canadian Officers, except actually within three 



