350 APPENDIX TO BBITISH CASE. 



States as would tend to prevent the occurrence of disputes between 

 American and British fishermen, in the waters of the North Ameri- 

 can Colonies, by securing due respect by American fishermen, to such 

 local regulations as had been established by the provincial authorities 

 for the preservation of the fisheries, I have now the honour to inclose 

 the copy of a circular instruction which has been addressed by Mr. 

 Marcy to the Collectors of Customs of the United States with a view 

 to the attainment of this object. 



Your Lordship will observe that Mr. Marcy, while he strongly 

 recommends to American citizens to respect the local regulations in 

 question, as calculated to preserve the fisheries in which they have a 

 joint interest with British subjects states nevertheless that, " there is 

 nothing in the Reciprocity Treaty between the United States and 

 Great Britain which stipulates for the observance of such regulations 

 by the United States." 



I cannot but regret that Mr. Marcy has expressed this view of the 

 matter, which I apprehend may give rise to misunderstanding; for 

 it is evident that, were it admitted, that in the exercise of a privilege, 

 to which both have a common right, American citizens are to be 

 merely recommended by their Government to conform to certain 

 regulations, which British subjects are compelled by legal penalties 

 to respect, the latter would have just grounds for dissatisfaction. 

 Nor can I concur with Mr. Marcy in the principle upon which his 

 view of the subject is based; for it appears to me that American 

 citizens, while within British jurisdiction would be subject to the 

 penalties attached to the infringement of all legal regulations, local, 

 as well as general, by which British 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 citizens from the penalties attaching to the 

 violation of all British laws and regulations, however unobjec- 

 tionable, now affecting, or which may hereafter affect, the British 

 fisheries; and leave their observance to depend solely on the good 

 feeling or good sense of the individuals who may at any time happen 

 to be engaged in those fisheries. 



I have the honour to be with highest respect, My Lord, 

 Your Lordship's most obedient humble servant 



JOHN F CRAMPTON 



The Right Honble The EARL or CLARENDON KG. 



No. 128. 1855) October 11: Letter from the Earl of Clarendon to 



Mr. Crampton. 



No. 120. FOREIGN OFFICE October 11. 1855 



SIR, Her Majesty's Government have had under their considera- 

 tion your despatch No. 163, of the 7th of August last, enclosing copy 

 of a Circular addressed by the United States Secretary of State to 



