352 APPENDIX TO BBITISH CASE. 



No. 130. 1866, March 28: Circular, Mr. Marcy to Mr. Peaslee (Col- 

 lector of Customs at Boston). 



DEPARTMENT or STATE, 



Washington, March 28, 1856. 

 To CHARLES H. PEASLEE, Esq., 



Collector of the Customs, Boston. 



SIR: It is understood that there are certain Acts of the British 

 North American Colonial legislatures, and also, perhaps, Executive 

 Regulations, intended to prevent the wanton destruction of the fish 

 which frequent the coasts of the Colonies, and injuries to the fishing 

 thereon. It is deemed reasonable and desirable that both United 

 States and British fishermen should pay a like respect to such laws 

 and regulations, which are designed to preserve and increase the 

 productiveness of the fisheries on those coasts. Such being the object 

 of these laws and regulations, the observance of them is enjoined 

 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 citizens of the United 

 States within that jurisdictkm 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. In presenting 

 complaints of this kind, should there be cause for doing so, they are 

 requested to furnish the Department of State with a copy of the law 

 or regulation which is alleged injuriously to affect their rights or to 

 make an unfair discrimination between the fishermen of the respective 

 countries, or with a statement of any supposed grievance in the exe- 

 cution of such law or regulation, in order that the matter may be 

 arranged by the two Governments. You will make this direction 

 known to the masters of such fishing vessels as belong to your port, 

 in such manner as you may deem most advisable. 



I am, Sir, respectfully, Your obedient servant, 



W. L. MARCY. 



It is believed that the principal regulations referred to above are 

 the following, from the Revised Statutes of New Brunswick, vol. 1, 

 title 22, chapter 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 Royal Gazette ; and no person, after such posting and publication, 

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

 or near the said parish at any place except the said gurry grounds. 



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

 and Saint 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 exteod- 

 210 ing more than one-third the distance across the same, or be within forty 



fathoms of each other, nor shall they be set within twenty fathoms of 

 the shore at low-water mark. 



