414 APPENDIX TO BRITISH CASE. 



the questions which concern Canada, and they feel confident that 

 the Canadian Government will agree with them that a satisfactory 

 termination of the difficulties which have arisen with the United 

 States can only be attained by taking as broad and liberal a view as 

 is consistent Avith the just rights and real interests of the Dominion. 



As at present advised, Her Majesty's Government are of opinion 

 that the right of Canada to exclude Americans from fishing in the 

 waters within the limits of three marine miles of the coast is beyond 

 dispute, and can only be ceded for an adequate consideration. 



Should this consideration take the form of a money payment, it 

 appears to Her Majesty's Government that such an arrangement 

 would be more likely to work well than if any conditions w r ere an- 

 nexed to the exercise of the privilege of fishing within the Canadian 

 waters. 



The presence of a considerable number of cruisers would always 

 be necessary to secure the performance of such conditions, and the 

 enforcement of penalties for the non-observance of them would be 

 certain to lead to disputes with the United States. 



With respect to the question, What is a bay or creek, within the 

 meaning of the first Article of the Treaty of 1818, Her Majesty's 

 Government adhere to the interpretation which they have hitherto 

 maintained of that Article; but they consider that the difference 

 which has arisen with the United States on this point might be a fit 

 subject for compromise. 



The exclusion of American fishermen from resorting to Canadian 

 ports, "except for the purpose of shelter and of repairing damages 

 therein, of purchasing wood, and of obtaining water," might be 

 warranted by the letter of the Treaty of 1818, and by the terms of 

 the Imperial Act 59 George III., cap. 38, but Her Majesty's Govern- 

 ment feel bound to state that it seems to them an extreme measure, 

 inconsistent with the general policy "of the Empire, and they are 

 disposed to concede this point to the United States' Government, 

 under such restrictions as may be necessary to prevent smuggling, 

 and to guard against any substantial invasion of the exclusive rights 

 of fishing which may be reserved to British subjects. 



In conclusion I have to state that Her Majesty fully appreciates the 

 loyal and prompt manner in which the Canadian Government have 

 assented to the appointment of the Commission which is about to sit 

 at Washington. The high character and recognized ability of the 

 British Commissioners afford ample security that the interests of 

 Canada will be carefully protected during the forthcoming nego- 

 tiations. 



I am, &c., (Signed) KIMBERLEY. 



The Lord LISGAR, 



&c. &c. &c. 



No. 156. 1871 : Judgments in the Court of Vice Admiralty of Judge 

 Hazen in the Case of the " White Fawn" and of Sir Wm. Young 

 in the case of the "7. H. Nickerson" 



HIS HONOR JUDGE HAZEN. 



At the last sitting of this Court, Mr. Tuck, B. C., Proctor for the 

 Crown, applied, on behalf of Sir John A. McDonald, the Attorney- 

 General of the Dominion, for a monition, calling upon the owners of 



