DESPATCHES, BEPOBTS, COBEESPONDENCE, ETC. 419 



to fish, nor procuring bait wherewith to fish, nor having been fishing 

 in British waters, within three marine miles of the coast." Had this 

 been proved, it would have been a complete defense, nor would the 

 Court have been disposed to narrow it as respects either water, pro- 

 visions or wood. But the evidence conclusively shows that the allega- 

 tion put in is untrue. The' defendants have not claimed in their 

 plea what their counsel claimed at the hearing, and their evidence 

 has utterly failed them. The vessel went in, not to obtain water or 

 men, as the allegation says, nor to obtain water and provisions, as 

 their witness says; but to purchase or procure bait (which, as I take 

 it, is a preparing to fish), and it was contended that they had a 

 right to do so, and that no forfeiture accrued on such entering. The 

 answer is, that if a privilege to enter our harbours for bait was to 

 be conceded to American fishermen, it ought to have been in the 

 Treaty, and it is too important a matter to have been accidentally 

 overlooked. We know, indeed, from the State Papers that it was not 

 overlooked, that it was suggested and declined. But the Court, 

 as I have already intimated, does not insist upon that as a reason 

 for its judgment. What may be justly and fairly insisted on is that 

 beyond the four purposes specified in the Treaty shelter, repairs, 

 water and wood, here is another purpose or claim not specified; 

 while the treaty itself declares that no such other purpose or claim 

 shall be received to justify an entry. It appears to me an inevitable 

 conclusion that the " J. H. Nickerson," in entering the Bay of Ingo- 

 nish for the purpose of procuring bait, and evincing that purpose 

 by purchasing or procuring bait while there, became liable to for- 

 feiture, and upon the true construction of the Treaty and Acts of 

 Parliament, was legally seized. 



" I direct, therefore, the usual decree to be filed for condemnation 

 of vessel and cargo, and for distribution of the proceeds according 

 to the Dominion Act of 1871." 



No. 157. 187%, March 6: Circular issued by Mr. Geo. S. Boutwell. 



[No. 16.] Navigation Division, Circular No. 5. 



RELATIVE TO THE FISHERIES ON THE COASTS OF THE BRITISH NORTH 



AMERICAN COLONIES. 



TREASURY DEPARTMENT, 



Washington, D. C., March 6, 1872. 

 To Collectors of Customs: 



As the season for fishing on the coast of the British Possessions 

 in our vicinity is approaching, it is considered important that fisher- 

 men of the United States intending to pursue their business in the 

 locality mentioned, should be thoroughly acquainted with the laws 

 and regulations governing the matter, in order to avoid incurring the 

 penalties for violations thereof. To that end the following Circular, 

 issued by this Department June 9, 1870, is republished, as containing 

 information still applicable. 



