DESPATCHES, BEPOKTS, CORRESPONDENCE, ETC. 355 



jurists (see Chancellor Kent's Commentaries page 32, 7th edition and 

 Wheat oivs Elements of the Law of Nations chap. 4. 6.), that it 

 has never directly or indi^ctly received the countenance of Congress, 

 that its unqualified admission is firmly resisted by the Government 

 of Spain, and that it has not, unless I am mistaken been ever 

 acquiesced in by Her Majesty's Government. 



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

 Your Lordship's most obedient humble servant, 



JOHN F CRAMPTON 



The Right Hon : ble The EARL OF CLARENDON K.G 



&C &C &C, 



[Mr. Marcy's " private note " mentioned in the foregoing letter 

 appears above as No. 129 under date 28th March. 1856. 



A copy of the " instruction " with Mr. Crampton's amendment 

 written by him in red ink (shown in the print in italics) is the docu- 

 ment next hereinafter printed. 



Mr. Marcy's altered instruction appears ante under date 28th 

 March, 1856. Where Mr. Crampton speaks of the passage " which 

 Mr. Marcy has substituted for that which I suggested " he refers to 

 the following words which were underlined by him in the copy 

 enclosed to the Earl of Clarendon : 



By granting the mutual use of the inshore fisheries neither party has yielded 

 its right to civil jurisdiction 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 

 jurisdiction as upon British subjects.] 



[1856, March 28 : Circular enclosed in above Letter.] 



DEPARTMENT OF STATE, 

 Washington March 28. 1856 



SIR, It is understood that there are certain acts of the British 

 North American Colonial Legislature and also perhaps Executive 

 Regulations intended to prevent the wanton destruction of the fish 

 which frequent the coast 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 pro- 

 ductiveness of the fisheries on those coasts. 



Such being the object of these laws and regulations, the observance 

 of them is enjoined upon citizens of the United States in like man- 

 ner as they are observed by British subjects. 



American citizens would indeed^ within British jurisdiction, be 

 liable equally with British subjects to the penalties prescribed by 

 law for a wilful infraction of such regulations, but nevertheless 

 should these be so framed or executed as to make any discrimination 

 in favour of the British fishermen or to impair the fights secured to 

 American fishermen by the Reciprocity Treaty, those injuriously 

 affected by them will appeal to this Government for redress; In 



