22 CASE OF GREAT BRITAIN. 



gested the doing of it. Everybody acted as though it were unneces- 

 sary. British officials enforced the existing laws. The legislatures 

 amended them from time to time, as experience proved to be neces- 

 sary. United States fishermen treated them as operative and binding. 

 The United States Government made no complaint. 



In 1856, and on several occasions between 1866 and 1872, the atten- 

 tion of the United States Government was called to the necessity of 

 fishermen obeying Colonial laws, but no objection was taken. It was 

 not until 1878 that the present contention was first raised. 



BRITISH STATUTE, 1819. 



1819. Immediately after the execution of the treaty of 1818, the 

 British Parliament passed a statute for the express purpose of pro- 

 viding for the making of such regulations as might be rendered 

 25 necessary by the access of United States fishermen to the shore 

 fisheries. (App., p. 565.) After reciting the treaty, the statute 

 (59 Geo. Ill, c. 38) enacted 



That from and after the passing of this Act, it shall and may be law- 

 ful for His Majesty, by and with the advice of His Majesty's Privy 

 Council, by any order or orders in council, to be from time to time 

 made for that purpose, to make such regulations, and to give such 

 directions, orders, and instructions to the Governor of Newfoundland, 

 or to any officer or officers on that station, or to any other person or 

 persons whomsoever, as shall or may be from time to time deemed 

 proper and necessary for the carrying into effect the purposes of the 

 said convention, with relation to the taking, drying, and curing of 

 fish by inhabitants of the United States of America, in common with 

 British subjects, within the limits set forth in the said article of the 

 said convention, and hereinbefore recited; any Act or Acts of Par- 

 liament, or any law, custom or usage to the contrary in anywise 

 notwithstanding. 



No protest or complaint was ever made by the United States with 

 respect to that statute. 



MR. MARCY'S CIRCULAR, 1853. 



1853. Encroachments by United States fishermen had rendered 

 necessary greater vigilance in the protection of British rights, and 

 some excitement having arisen among the American vessel owners, 

 Mr. Marcy (United States Secretary of State) issued a circular to the 

 Directors of Ports (9th July) for the guidance of the fishermen 

 (App.. p. 201) : 



Any armed resistance on the part of the fishing vessels, either singly 

 or combined, would be an act of private hostility which can never 

 receive any countenance from this Government. 



You will omit nothing that your knowledge of the circumstances 

 may suggest, and which our good faith towards a Power with which 



