PERTOD FROM 1854 TO 1871. 631 



hibited limits, it is to be made known to the counsel of the owners of 

 the vessel that this Government is not disposed to regard such mere 

 preparation as an infraction of the obligations of our citizen- engaged 

 in the outfit and employment of fishing vessels, and it is desirous of 

 having the point distinctly prevented and adjudicated, if possible, 

 without being complicated with other q so that if adversely 



decided, a case presenting that single issue may be made for appeal 

 to the British tribunal of last resort It is understood that the in- 

 structions of the imperial government of ( rreat Britain do not author- 

 ize the capture of an American vessel found fishing within three miles 

 of the coasts from which they are prohibited, or of a line drawn across 

 the motiths of bavs whose mouths do not exceed six geographical miles 

 in width. In any case of condemnation it is desirable to have it 

 appear with precision as well whether the vessel condemned was fish- 

 ing within the prohibited distance, as whether the actual capture was 

 made within that distance or beyond it, so as to be upon the high 

 in the sense which this Government is disposed to attach to these 

 words, for the purpose of questions arising out of the operations of 

 our fishing vessels on the northeastern coast. 



In short, without incurring any expense in the employment of 

 counsel till further instructed, it is expected that our consular officers 

 in the districts where trials ma\ take place of American vessels for 

 supposed violations of the laws of the British imperial or colonial 

 governments will lend their countenance and aid to the parties inter- 

 ! and give prompt information of any decisions which ma] he 

 made. They will request, in courteous terms, of the proper officer of 

 any court making a decision, a certified copy of I he opinion which may 

 be written in the cause, paying the proper fee therefor, which will he 

 allowed in their quarterly account-, and forward it with the Least 

 possible ilelay. 



This Departmeni has expected such information from the spon- 

 taneous activity of our consular officers, and attribute! the absent 

 ii 0. the provincial court- being now in vacation. If this ie the feet, 

 I shall be glad to be informed of the dates at which the respective 

 court-, having jurisdiction in the premises, may be expected to con 

 vein- for the dispatch of busine 



Von will call the attention <>f all the consuls in your jurisdiction to 

 the contents of thi instruction, who are located al point- where \e- 

 -ei - will he likely to he taken in for adjudication. 



1 1 \m n,h'\ Pish. 



No. 128] ( ' General Dart />> Mr. Fish. 



i dlatb General oi mi I wited States oi \ m i ki< \ 



fob the British North A.meri< \n Provinces, 



Montreal, Novi mbt r >'. 187i 

 \ have the honor to acknowledge receipt of your di patch of 

 the 29th ultimo, in referi nee to the eizure of American fi hing vi els 

 ,,il the 'o.i i of Nova Scotia and Prince Edward I land. 



[Jpcn the receipt of your telegram of the 28th ultimo, I enl a die 

 patch to all th< ills in ih<' maritime province . calling then- atten 



ti,,i, to their dutj i" report 01 sure bj telegraph, and also 



in w rii ing by mail. 



