PERIOD FROM 1854 TO 18*71. 619 



A further despatch from Mr. Thornton of 1st instant, inclosing 

 Mr. Fish's correspondence at length, now explains the full meaning 

 of Mr. Fish's objection to the phraseology of the Order in Council 

 of 8 January last, and states the argument on which Mr. Thornton 

 acquiesces in Mr. Fish's request that the order should be modified as 

 far as U. S. fishermen are concerned. 



Mr. Fish takes exception to the, terms of this Order in Council 

 because of the words " Waters of Canada " which have since 1825 in- 

 cluded part of the Southern coast of Labrador and Islands in the gulf 

 of St. Lawrence, and which at the time of the Treaty of 1818 were 

 subject to the municipal Jurisdiction of Newfoundland. 



The Act of 6 Geo. IV by which this ancient change of Provincial 

 boundaries was effected in an Imperial Statute, and necessarily re- 

 serves by implication all existing Treaty arrangements of an uncon- 

 ditional nature between the Empire and foreign Powers. Such also 

 would be the necessary effect of legislative or executive action, re- 

 garding any matter of local jurisdiction. 



The territory and waters affected would not cease to be British 

 because of changes of inter colonial boundaries established by the 

 Imperial Parliament 



Mr. Fish seems to desire a modification of this Order in Council 

 chiefly with a view to providing against any misapprehension in 

 respect of the Treaty rights of U. S. citizens on the part of those who 

 may be charged with its execution, and suggests that additional in- 

 structions should issue. 



The Undersigned considers that the subsequent Order in Council 

 of 10th ult°. is sufficiently explicit and ought to be quite satisfactory. 



If anything were really wanting to a—nre Mr. Thornton & remove 

 Mr. Fish's apprehensions, reference might be made to the Canadian 

 Statutes relating to fishing by foreign vessels (copy herewith) and 

 to the following extract iVoni the Special Instructions (dated 14 

 ultimo) which govern officers engaged in the fisheries protection 

 ice. 



1. •• I '. S. fishermen may exercise the liberty of fishing in common 

 with British subjects along that pari of the Coast of Canada extend* 

 ing from .Mount Joy near the River Grande Natashquhan, to the 

 terly limit of Canada, at Blanc Sablon Bay, and around the 

 Magdalen [stands; and enjoy freedom also to land and cure fish on 

 ci rtain of the unsettled shore* of the Labrador < Joa L 



" Wherever any settlement exi ts within those limits, the privilege 

 of landing and curing fish may be enjoyed by previou agreement 

 with the Bettlers or proprietors of the ground." 



The Order in Council of the LOtb alt , explain- the accessary 



e of the de criptive term " Waters of Canada to which exception 



b taken, and as there ie aot the remotest probability of any Buch 



interference with the rights of American fishermen as Mr. Fish 



in to apprehend, the Under igned cannot perceive any sufficient 



reason why the Minute of Council of 8 dan nary la I should be modi 



tied in the way BUggC I'd by Mr. Thornton. 



(Signed ) P. M m hell, 



M in. of Marim d / 



Di i-i . of M mmm- \m> I'Vtn an 

 Ottawa, 1 '/ -/'//'. / TO. 



