24 CASE OF GREAT BRITAIN. 



It is believed that the principal regulations referred to above are 

 the following, from the Revised Statutes of New Brunswick, vol. i, 

 title 22, cap. 101 : 



7. The wardens of any county shall, when necessary, mark out and 

 designate in proper positions "gurry grounds," putting up notices 

 thereof, describing their limits and position, in the several school 

 houses and other most public places in the parish where the said 

 gurry grounds are marked out, publishing the like notice in the 

 u Royal Gazette ; " and no person after such posting and publication 

 shall cast overboard from any boat or vessel the offal of fish into the 

 waters at or near the said parish at any place except the said gurry 



grounds. 



27 12. Within the parishes of Grand Manan, West Isles, Campo 



Bello, Pennfield, and St. George, in the County of Charlotte, 

 no seine or net shall be set across the mouth of any haven, river, 

 creek, or harbour, nor in such place extending more than one-third 

 the distance across the same, or be within 40 fathoms of each other, 

 nor shall they be set within 20 fathoms of the shore at low-water 

 mark. 



15. No herrings shall be taken between the 15th of July and 15th 

 of October in any year, on the spawning ground at the southern head 

 of Grand Manan, to commence at the eastern part of Seal Cove, at 

 a place known as Red Point; thence extending westerly along the 

 coast and around the southern head of Bradford's Cove, about five 

 miles, and extending one mile from the shore; all nets or engines 

 used for catching herring on the said ground within that period shall 

 be seized and forfeited, and every person engaged in using the same 

 shall be guilty of a misdemeanour and punished accordingly. 



It will be observed that the specified rules belonged to three 

 classes: (1) as to disposition of offal; (2) as to methods of fish- 

 ing; and (3) as to close seasons. Attention of His Majesty's Gov- 

 ernment was called to this circular, and representations were at once 

 made to Mr. Marcy on the subject. 



The British Minister at Washington (Mr. Crampton) in his letter 

 to the Earl of Clarendon (7th August, 1855) explained the view 

 which, in these representations, he was urging upon Mr. Marcy 

 a view precisely the same as that now entertained by His Majesty's 

 Government (App., p. 208) : 



It appears to me that American citizens, while within British juris- 

 diction, would be subject to the penalties attached to the infringe- 

 ment of all legal regulations, local, as well as general, by which Brit- 

 ish subjects are bound; and not less to those affecting the fisheries, 

 provided always that these latter did not trench upon the rights 

 secured by treaty to citizens of the United States. Did any such 

 law or police regulation exist, or were any such to be enacted, the 

 Government of the United States would no doubt be justified in 

 demanding its abrogation; but the principle now enounced by Mr. 

 Marcy extends much further, for it goes to exonerate American citi- 

 zens from the penalties attaching to the violation of all British laws 

 and regulations, however unobjectionable, now affecting, or which 

 may hereafter affect, the British fisheries ; and leave their observance 



