470 APPENDIX TO BRITISH CASE. 



tached to the United States' citizens as soon as they claimed the 

 benefit of the Treaty. 



That such was the view entertained by the Government of the 

 United States during the existence of the Reciprocity Treaty, under 

 which United States' fishermen enjoy precisely the same rights of 

 fishing as they do now under the Treaty of Washington, is proved 

 conclusively by the Circular issued on the 28th March, 1856, to the 

 Collector of Customs at Boston, which so thoroughly expressed the 

 views of Her Majesty's Government on this point that I quote it here 

 in extenso: 



Mr. Marcy to Mr. Peaslee. 



(Circular.) DEPARTMENT OF STATE, 



Washington, March 28, 1856. 



SIB, It is understood that there are certain Acts of the British North Ameri- 

 can Colonial Legislatures, and also, perhaps, erecutive regulations intended to 

 prevent the wanton destruction of the fish which frequent the coasts of the 

 Colonies, and injuries to the fishing thereon. It is deemed reasonable and 

 desirable that both United States' and British fishermen should pay a like 

 respect to such laws and regulations, which are designed to preserve and in- 

 crease the productiveness of the fisheries on those coasts. Such being the object 

 of these laws and regulations, the observance of them is enforced upon the 

 citizens of the United States in the like manner as they are observed by British 

 subjects. By granting the mutual use of the inshore fisheries, neither party has 

 yielded its right to civic jurisdiction over a marine league along its coasts. 



Its laws are as obligatory upon the citizens or subjects of the other as upon 

 its own. The laws of the British provinces, not in conflict with the provisions 

 of the Reciprocity Treaty, would be as binding upon the citizens of the United 

 States within that jurisdiction as upon British subjects. Should they be so 

 framed or executed as to make any discrimination in favour of British fisher- 

 men, or to impair the rights secured to American fishermen by that Treaty, 

 those injuriously affected by them will appeal to this Government for redress. 

 In presenting complaints of this kind, should there be cause for doing so, they 

 are requested to furnish the Department of State with a copy of the law or 

 regulation which is alleged injuriously to affect their rights, or to make an 

 unfair discrimination between the fishermen of the respective countries, or with 

 a statement of any supposed grievance in the execution of such law or regula- 

 tion, in order that the matter may be arranged by the two Governments. 

 280 You will make this direction known to the masters of such fishing- 

 vessels as belong to your port in such manner as you may deem most 

 advisable. 



(Signed) W. L. MABCY. 



I have the honour to inclose a copy of an Act passed by the Co- 

 lonial Legislature of Newfoundland, on the 27th March, 1862, for 

 the protection of the herring and salmon fisheries on the coast, and a 

 copy of Cap. 102 of the Consolidated Statutes of Newfoundland, 

 passed in 1872. The first section of the Act of 1862 prohibited the 

 taking of herrings with a seine between the 20th day of October and 

 the 12th day of April, and further prohibited the use of seines at 

 any time for the purpose of barring herrings. These regulations, 

 which were in force at the date of the Treaty of Washington, were 

 not abolished, but confirmed by the subsequent Statutes, and are 

 binding under the Treaty upon the citizens of the United States in 

 common with British subjects. 



The United States' fishermen, therefore, in landing for the purpose 

 of fishing at Tickle Beach, in using a seine at a prohibited time, 

 and in barring herrings with seines from the shore, exceeded their 

 Treaty privileges and were engaged in unlawful acts. 



