DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 405 



The legal opinion recited, adds that "independently of the express 

 provisions of the statute," vessels infringing these laws, by resorting 

 to ports or harbors for other than the purposes specified by the 

 treaty, might be warned and compelled to depart by whatever force 

 is reasonably necessary by persons authorized by the Colonial Gov- 

 ernors, or the British Admiral. 



The Imperial and Colonial Statutes now in force, provide for regu- 

 lations in pursuance of the treaty to enforce the terms of the Con- 

 vention; and instructions to Commanders of Marine Police Vessels, 

 approved by Orders in Council, are such existing " Regulations " 

 provided for by the Statutes as are deemed " necessary to prevent " 

 American fishermen from abusing " in any other manner whatever " 

 (besides fishing) the privileges reserved to them by the Convention. 



The foregoing references should suffice to establish that the restric- 

 tion in question is neither novel, strained, nor vexatious. 



The whole, nevertheless, respectfully submitted. 



P. MITCHELL, 

 Minister of Marine and FisJieries. 



No. 153. 18fO: Extract -from President's Message to United States 



Congress. 

 ******* 



The course pursued by the Canadian authorities towards the fish- 

 ermen of the United States during the past season has not been 

 marked by a friendly feeling. By the first Article of the Convention 

 of 1818, between Great Britain and the United States, it was agreed 

 that the inhabitants of the United States should have for ever, in 

 common with British subjects, the right of taking fish in certain 

 waters therein defined. In the waters not included in the limits 

 named in the Convention (within three miles of parts of the British 

 coast) it has been the custom for many years to give to intruding 

 fishermen of the United States a reasonable warning of their vio- 

 lation of the technical rights of Great Britain. The Imperial Gov- 

 ernment is understood to have delegated the whole or a share of its 

 jurisdiction or control of these in-shore fishing-grounds to the Colo- 

 nial authority known as the Dominion of Canada, and this semi- 

 independent but irresponsible agent has exercised its delegated pow- 

 ers in an unfriendly way. Vessels have been seized without notice 

 or warning, in violation of the custom previously prevailing, and 

 have been taken into the Colonial ports, their voyages broken up, 

 and the vessels condemned. There is reason to believe that this 

 unfriendly and vexatious treatment was designed to bear harshly 

 upon the hardy fishermen of the United States, with a view to 

 political effect upon this Government. The Statutes of the Dominion 

 of Canada assume a still broader and more untenable jurisdiction 

 over the vessels of the United States. They authorize officers or per- 

 sons to bring vessels hovering within three marine miles of any of 

 the coasts, bays, creeks, or harbours of Canada into port, to search 

 the cargo, to examine the master on oath touching the cargo and 

 voyage, and to inflict upon him a heavy pecuniary penalty if true 

 answers are not given ; and if such a vessel is found " preparing to 

 fish " within three marine miles of any of such coasts, bays, creeks, 



