QUESTION ONE. 27 



consideration, and they must not be enforced at all by Imperial officers 

 if they appear calculated to place the Americans at a disadvantage 

 in comparison with British fishermen in the waters which, by the 

 Treaty of 1818, are opened to vessels of the United States. On the 

 contrary, their unequal operation should, in this case, be reported 

 to their Lordships, a copy of the Report being at the same time 

 sent to the Governor of the colony. 



Upon this letter were based the instructions to naval officers in 

 British North American waters. It was brought to the attention 

 of the United States Government in the summer of 1870, and no 

 exception was taken by them to its terms in relation to the matter 

 now under consideration. 



LICENCES, 1866-1870. 



After the expiration of the reciprocity treaty in 1866, and prior 

 to the treaty of 1871, United States fishermen were permitted, for 

 the seasons 1866-9, access to the shore fisheries upon payment of 

 licence fees. 



MR. BOUTWELL'S CIRCULAR, 1870. 



In 1870, seeing little hope of a renewal of treaty arrangements, 

 the Canadian Government determined (8th January) to end the 

 licence system, and to exclude United States fishermen from the 

 coasts not included in the 1818 treaty. The United States Secretary 

 of the Treasury (Mr. Boutwell) issued a circular to the Collectors 

 of Customs (16th May, 1870) advising them of the altered situation. 



On the 9th June he issued another circular, inserting in it the 

 extremely important words (App., p. 237.) : 



Fishermen of the United States are bound to respect the British 

 laws and regulations for the regulation and preservation of the fish- 

 eries to the same extent to which they are applicable to British or 

 Canadian fishermen. 



MR. BOUTWELL'S CIRCULAR RE-ISSUED. 



1873, March 6. Mr. Boutwell re-issued the same circular having 

 in it the words just quoted. 



Particular attention is called to this very clear and very definite 

 statement on the subject of regulations a statement that is in entire 

 uniformity with the contention of His Majesty's Government. 



NEWFOUNDLAND, 1873-4. 



1873. The treaty of 1871 again opened up the coast fisheries of the 

 United States to colonial fishermen, and the fisheries on the 

 31 colonial nontreaty coasts to American fishermen; and New- 

 foundland, under the power reserved in the treaty, passed a 

 statute providing for suspension of all laws which might operate to 



