354 APPENDIX TO BRITISH CASE. 



discussions would be sure to arise, were American fishermen to be left 

 under the impression that they were not, while within British juris- 

 diction, equally amenable with British subjects to the British laws 

 and regulations affecting the fisheries, as well as in every other respect. 



I admitted, I said, that, if any of those laws were framed or ex- 

 ecuted so as to make an unfair discrimination in favour of British 

 h'shennen, or directly or indirectly to deprive American fishermen of 

 the privileges secured to them by the Reciprocity Treaty, this would 

 afford just ground for representation to Her Majesty's Government by 

 the Government of the United States. But I called Mr. Marcy's 

 attention to the danger of allowing to each individual the right to 

 judge for himself whether a regulation was in conformity with the 

 provisions of the Treaty or not, and at once to object to observe it. 



Mr. Marcy appeared entirely to concur in this view of the matter, 

 and said that he would cause such an alteration to be made in the 

 wording of the circular instruction to be issued for the approaching 

 fishing season as would obviate the objection w r hich I had put for- 

 ward. 



211 Accordingly a few days after my conversation with Mr. 

 Marcy I received from him the private note, of which I have 

 the honor to enclose a copy containing an amended draft of the 

 instruction also enclosed herewith. 



Availing myself of the request contained in Mr. Marcy's note to 

 return it with such remarks as I might think fit, I took the liberty 

 of suggesting the insertion of the passage which I have marked with 

 red ink in the copy, as being necessary to point out more clearly 

 than Mr. Marcy's amended draft appeared to me to have done the 

 liability of American fishermen in British waters to British juris- 

 diction. 



Receiving no rejoinder to my note I lately reminded Mr. Marcy 

 of the matter, when he told me that he had adopted my suggestion, 

 although he had somewhat altered the phraseology of the passage 

 I had proposed to insert, and he added that he would send me copies 

 of the instructions so amended. 



These I have received, and have the honor to enclose with a copy 

 of the note from Mr. Marcy which accompanied them 



I have underlined in red ink the passage which Mr. Marcy has sub- 

 stituted for that which I suggested. 



Although the instruction is now in general more satisfactory inas- 

 much as it admits that the laws of each country within its own 

 jurisdiction are as obligatory upon the citizens or subjects of the other 

 as upon its own, Your Lordship will remark that Mr. Marcy has 

 taken the opportunity of introducing a phrase by which th^e extent 

 of the maritime jurisdiction of each country is defined in conformity 

 with the recently adopted American doctrine that the civil juris- 

 diction of a country in no case extends further than " a marine league 

 along its coast." 



I say the recently adopted doctrine, for although it is certain that 

 the American Executive has asserted this doctrine in the discussion 

 which preceded the Reciprocity Treaty with Great Britain, and that 

 they are now maintaining it in a controversy with the Spanish Gov- 

 ernment respecting the search of the American steamer " El Dorado " 

 by the Spanish frigate " Ferrolana," it is equally certain that this 

 doctrine is at variance with that laid down by eminent American 



