26 CASE OF GREAT BRITAIN. 



upon the citizens of the United States in like manner as they are 

 observed by British subjects. By granting the mutual use of the 

 inshore fisheries, neither party has yielded its right to civil jurisdic- 

 tion over a marine league along its coast. Its laws are as obligatory 

 upon the citizens or subjects of the other as upon its own. The laws 

 of the British provinces, not in conflict with the provisions of the 

 Reciprocity Treaty, would be as binding upon crtizens of the United 

 States within that jurisdiction as upon British subjects. Should 

 they be so framed or executed as to make any discrimination in 

 favour of the British fisherman, or to impair the rights secured to 

 American fishermen, by that Treaty, those injuriously affected by 

 them will appeal to this Government for redress. 



The circular carried the same appendix as that of the previous 

 season, indicative of the effect of the existing British regulations. 



THE STATUS QUO ANTE. 



The status quo ante was thus recognised, and the present conten- 

 tion of His Majesty's Government is, in effect, adopted in Mr. 

 Marcy's revised circular. 



Among the regulations which were recognized as not " impairing 

 the rights secured to American fishermen by that treaty " were such 

 as those which then existed in New Brunswick (1) as to disposal 

 of offal, (2) as to methods of fishing, and (3) as to close seasons. 



The regulations to which Mr. Marcy specifically referred were, 

 however, only some of those then in force in the colonies. Mr. 

 Marcy was aware of that fact, for the appendix to his circular com- 

 menced with the words (App., p. 209.) 



It is believed that the principal regulations, &c. 



But whatever the nature of them might be, Mr. Marcy recognized 

 that they were binding upon United States fishermen, unless they 

 were in conflict with the provisions of the treaty. 



MR. CARDWELL'S INSTRUCTIONS. 



1866-1870. Mr. Cardwell (British Colonial Secretary) in a letter 

 to the Lords of the Admiralty (12th April, 1866) said (App., p. 

 221.) : 



.... Americans who exercise their right of fishing in Colonial 

 waters in common with subjects of Her Majesty are also bound, 

 in common with those subjects, to obey the law of the country, includ- 

 ing such colonial laws as have been passed to ensure the peaceable 

 and profitable enjoyment of the fisheries by all persons entitled 

 thereto. 



The enforcement of the colonial laws must be left as far as 

 the exercise of rights on shore is concerned, to the colonial au- 

 thorities, by whom Her Majesty's Government desire they shall 

 be enforced with great forbearance, especially during the present sea- 

 son. In all cases they must be enforced with much forbearance and 



