420 APPENDIX TO BEITISH CASE. 



You will please endeavour to bring the contents of the Circular to 

 the attention of all parties concerned, at the same time notifying 

 them that the provisions of the Treaty between the United States 

 and Great Britain, proclaimed July 4, 1871, relating to the fisheries, 

 will not go into effect until the laws required to carry them into 

 operation shall have been passed by the various Governments men- 

 tioned in Article XXXIII, and warning them that their business 

 must yet be carried on subject to the restrictions existing at the time 

 of the ratification of the Treaty : 



CIBCULAB. 



In compliance with the request of the Secretary of State, you are hereby 

 authorized and directed to inform all masters of fishing vessels, at the time of 

 clearance from your port, that the authorities of the Dominion of Canada have 

 terminated the system of granting fishing licenses to foreign vessels, under 

 which they have heretofore been permitted to fish within the maritime juris- 

 diction of the said Dominion, that is to say, within three marine miles of the 

 shores thereof; and that all fishermen of the United States are prohibited from 

 the use of such in-shore fisheries, except so far as stipulated in the first Article 

 of the Treaty of October 20, 1818, between the United States and Great Britain, 

 in virtue of which the fishermen of the United States have, in common with the 

 subjects of Her Britannic Majesty, the liberty to take fish of every kind on 

 that part of the southern coast of Newfoundland which extends from Cape Ray 

 to the Rameau Islands; on the Western and Northern coast of Newfoundland, 

 from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen 

 Islands; and, also, on the coasts, bays, harbours, and creeks, from Mount Joly, 

 which was, when the Treaty was signed, on the southern coast of 

 250 Labrador, to and through the Straits of Belle Isle, and thence north- 

 wardly, indefinitely along the coast, without prejudice, however, to any 

 exclusive rights of the Hudson's Bay Company ; and, have also, liberty forever 

 to dry and cure fish in any of the unsettled bays, harbours, and creeks of the 

 southern part of the coast of Newfoundland, above described, and of the coast 

 of Labrador, unless the same, or any portion thereof, be settled ; in which case 

 it is not lawful for the said fishermen to dry or cure fish at such portion so 

 settled, without previous agreement for such purpose with the inhabitants, pro- 

 prietors, or possessors of the ground ; and, also, are admitted to enter any 

 other bays or harbours, for the purpose of shelter and of repairing damages 

 therein, of purchasing wood, and of obtaining water, and for no other purpose 

 whatever, subject to such restrictions as may be necessary to prevent their 

 taking, drying, or curing fish therein, or in any other manner whatever 

 abusing the privileges reserved to them as above expressed. Fishermen of the 

 United States are bound to respect the British laws and regulations for the 

 regulation and preservation of the fisheries to the same extent to which they 

 are applicable to British or Canadian fishermen. 



The Canadian Law of the 22d of May. 1868, (31 Victoria, cap. 61), entitled 

 "An Act respecting Fishing by Foreign Vessels," and the Act assented to on 

 the 12th of May, 1870, entitled "An Act to amend the Act respecting Fishing by 

 Foreign Vessels," among other things, enact, that any commissioned officer of 

 Her Majesty's navy, serving on board of any vessel of Her Majesty's navy, 

 cruizing and being in the waters of Canada, for the purpose of affording pro- 

 tection to Her Majesty's subjects engaged in the fisheries, or any commissioned 

 officer of Her Majesty's navy, fishery officer, or stipendiary magistrate, on board 

 of any vessel belonging to or in the service of the Government of Canada, and 

 employed in the service of protecting the fisheries, or any officer of the Cus- 

 toms of Canada, sheriff, magistrate, or other person duly commissioned for that 

 purpose, may go on board of any ship, vessel, or boat, within any harbour in 

 Canada, or hovering (in British waters) within three marine miles of any of 

 the coasts, bays, creeks, or harbours in Canada, and stay on board so long as 

 she may remain within such place or distance; and that any one of such officers 

 or persons, as are above mentioned, may bring any ship, vessel, or boat, being 

 within any harbour in Canada, or hovering (in British waters) within three 

 marine miles of any of the coasts, bays, creeks, or harbours in Canada, into 

 port and search her cargo, and may also examine the master upon oath touch- 



