398 APPENDIX TO BRITISH CASE. 



No. 147. 1870, June 8: Letter from Mr. Hamilton Fish, United 



States Secretary of State, to Mr. E. Thornton, British Minister at 



Washington. 



DEPARTMENT or STATE, 

 Washington, 8th June, 1870. 



SIR : I have the honour to acknowledge the receipt of your note of 



the 3d instant, and of the papers accompanying it. giving the names 



of the British vessels to be employed in maintaining order 



237 at the Canadian Fisheries, and the instructions proposed to be 



issued by Vice Admiral Wellesley, to the Commanders of those 



vessels. 



I beg leave to point out to you and to Her Majestys Government 

 an apprehended discrepancy between the terms of the instructions 

 thus communicated and those which were given by the Admiralty to 

 the Vice Admiral, a copy of which, dated the 5th ultimo, accompanied 

 your note of the 26th ultimo, and which direct that " no vessel should 

 be seized (meaning fishing vessels of the United States) " unless it is 

 evident and can be clearly proved that the offense of fishing has been 

 committed and that the vessel is captured within three miles of land " 



On the other hand, I find with the instructions issued by Vice 

 Admiral Wellesley, and forming a part of them, a letter marked Con- 

 fidential, from the Secretary of State for the Colonies to the Lords 

 of the Admiralty, dated Downing Street, April 2d., 1866, in which 

 is expressed the opinion of Her Majesty's Government, that the 

 United States have renounced the right of fishing within three miles 

 of a line drawn across the mouth of any British bay or creek; and 

 also that American fishermen should not be interfered with either by 

 notice or otherwise, unless they are found within three miles of a 

 line drawn across the mouth of a bay or creek which is less than ten 

 geographical miles in width, in conformity with the arrangement 

 made with France in 1839, and that American vessels found within 

 these limits should be warned that by engaging or preparing to engage 

 in fishing they will be liable to forfeiture and should receive notice 

 to depart " 



The Vice Admiral communicated a copy of these instructions, which 

 he proposed to issue immediately to the commander of the " Plover," 

 to the Secretary of the Admiralty, on the 27th of April last, and 

 though it is not doubted that on receipt of the later instructions 

 addressed to him on the 5th ultimo, by the Lords Commissioners of 

 the Admiralty he will modify the directions to his subordinates so 

 that they will be in conformity with the views of the Admiralty, and 

 without entering into any consideration of questions which might 

 be suggested by the letter referred to, which I understand to be super- 

 seded by later instructions, I think it best to call your attention to 

 the inconsistencies referred to in order to guard against misunder- 

 standings and complications that might arise in the absence of modi- 

 fications of the instructions communicated in your note of the 3d 

 instant. 



I have the honour to be with the highest consideration, Sir, your 

 obedient servant, 



HAMILTON FISH 



EDWARD THORNTON Esqre C.B. 



&C, &Cj &C, 



