596 CORRESPONDENCE, ETC. 



to do, on the material aid of Her Majesty's ships in case of violence, 

 they being: themselves unauthorized to fire upon and disable any 

 vessel either offering resistance or endeavouring to escape seizure. 



There is also to be considered the probable future reference to this 

 exception in connection with any final settlement of the reserved ques- 

 tion of headland lines. If, for instance any foreign vessel having 

 actually trespassed within three miles of the shore of the interior 

 of the Bay de Chaleurs, and escaped from the municipal force of 

 Canada, shall not be afterwards subject to seizure under British au- 

 thority anywhere within the entrance to that bay, say inside of a line 

 drawn across from Miscou to Point Maquereau (distant apart about 

 fifteen miles) , and where in all other matters, of a civil or criminal 

 nature, Canada exercises provincial jurisdiction; it may simply 

 waiver (sic) of both Canadian and British control, quo ad exclusive 

 rights of fishery. The Government having deliberated on and deter- 

 mined to maintain this essential point by several Orders in Council 

 adopted since 1864, it is unadvisable to sanction any such dubious 

 proceedings as might be in future pressed into service to support 

 American views. Occasion is taken to refer to reports from this De- 

 partment, dated 15th and 20th December last, in which this disputed 

 part of the fishery question is referred to at length, and other previous 

 reports enumerated; and the undersigned begs leave again to urge 

 that Her Majesty's Government may be requested to bring it to a 

 speedy settlement in the manner proposed by Lord Clarendon in 1866, 

 on the suggestion of the American Ministers at London. 



The undersigned would respectfully, but most earnestly represent 

 the tendency of any restriction of the kind proposed by Lord Gran- 

 ville, on the support of Her Majesty's squadron, to mar the efficiency 

 of this important service, and begs leave to recommend that Her 

 Majesty's Government may be asked to instruct the Commanding 

 Officer to receive and act upon whatever definite and reliable reports 

 (with satisfactory particulars) of actual detection or escape, may be 

 made by the Officers in command of the Canadian Government vessels 

 employed in protecting the in-shore fisheries of Canada. 



The whole, nevertheless, respectfully submitted. 



(Signed) P. Mitchell. 



Minister of Marine and Fisheries. 



Mr. Thornton to Mr. Fish. 



Washington, June 2, 1870. 



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

 the 31st ultimo relative to the exception which you took to the word- 

 ing of the Canadian order in council of the 8th of January last, 

 relative to the fisheries in the neighborhood of Canada. 



I am inclined to think that you are right in supposing that the 

 limit of Canada extends as far east as Ance Sablon on the coast 

 of Labrador, and that the Magdalen Islands are comprised within 

 it. for I am not aware that any change has been made since the act 

 of Parliament of 1825, quoted in your note. 



I have, however, transmitted a copy of your note to the Governor 

 General of Canada, and shall not fail to acquaint you with the 

 nature of his answer. 



