402 APPENDIX TO BRITISH CASE. 



In view of the claims heretofore presented by Her Majesty's Gov- 

 ernment, and which as it contends, are supported by the law of 

 nations and the stipulations of the Treaty of 1818, as to the extent 

 of British Maritime jurisdiction in the waters in which the Fisheries 

 are prosecuted on the Eastern Coasts of North America, the Presi- 

 dent is pleased to recognise in the tenor of the Despatches and in- 

 structions which have been addressed by Her Majesty's Government 

 to the Canadian authorities and to Admiral Wellesley, a generous 

 spirit of amity which is reciprocated by the United States. Ani- 

 mated by that spirit he directs that Her Majesty's Government be 

 informed that the description of the limit of Canadian Maritime 

 jurisdiction contained in the circular in question and which was 

 adopted before this Government was made acquainted with the nature 

 of the instructions which it was proposed by Her Majesty's Govern- 

 ment to issue, was used for the sake of brevity in expressing the 

 interpretation which has been heretofore placed upon the 1st article 

 of the Treaty of 1818, by this Government, and not with the expecta- 

 tion of renewing a controversial discussion upon the subject, which, 

 under present circumstances, he would sincerely deprecate. 



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



Your obedient servant, HAMILTON FISH 



EDWARD THORNTON, Esqre., C. B. 



&c &c &c 



No. 151. 1870, July 21 : Letter from Mr. Thornton, British Minister 

 at Washington, to Mr. Fish, United States Secretary of State. 



WASHINGTON, 21st July, 1870. 



SIR, With reference to notes which I have addressed to you, and 

 verbal statements which I have made to you to the effect that instruc- 

 tions have been given to the officers commanding Her Majesty's 

 vessels of war and Canadian Government vessels employed m the 

 protection of the Canadian fisheries not to capture United States 

 fishing vessels unless found fishing within three miles of the coast 

 from which they are prohibited or of a line drawn across bays whose 

 mouths do not exceed six geographical miles in width, I have the 

 honour to inform you that I have received directions from Earl 

 Granville to explain to vou that the instructions respecting the limits 

 within which the prohibition of fishing is to be enforced against 

 United States fishermen are not to be considered as constituting an 

 arrangement between the Governments of the United States and 

 Great Britain, by which Canadian rights are waived, or the United 

 States fishermen invested with any privilege, but only as a temporary 

 direction given by the British and Canadian Governments to their 

 own officers, in hopes that the question may soon be settled, and in 

 order to prevent any controversy arising on a subordinate point. 

 I have, &c., 



(Signed) E. THORNTON. 



Hon. HAMILTON FISH, 



&c. &c. &c. 



