534 APPENDIX TO BRITISH CASE. 



Minister may have seen the Warning before it had been amended in 

 the manner which I have described. The amended form which 

 merely recites Art. I. of the Convention of 1818 and the Canadian 

 Statute of 1868, appears to me to be entirely free from objection. 

 The latter of these statutes is, as your Lordship is aware, substan- 

 tially the same as the Imperial Act of 1819 (59 Geo. III., cap. 58), 

 although the provisions relating to hovering are taken from another 

 Imperial Statute (9 Geo. III., cap. 35). The law of the United 

 States as to hovering is, I believe, the same as that embodied in this 

 Statute. 



The concluding paragraphs of the Circular No. 371 to which, and 

 not to the warning, your Lordship's telegram of the 4th of June may 

 have been intended to refer, #re also, I think, open to objection. 

 After reciting the Dominion Act of 1868, which, like the Imperial 

 Statute of 1819, applies to foreign vessels generally, the Circular 

 proceeds to mention specially certain Acts as violations, not of either 

 of the Statutes in question, but of the Convention of 1818, and de- 

 clares that if " such vessels or boats," that is, any foreign fishing ves- 

 sels or boats, are found committing those acts they are to be detained. 

 As, however, the Convention has reference to the fishing rights of 

 the United States and not to those of other Foreign Powers, the 

 passages which I have quoted are, I think, certainly open to the 

 criticism not only that they assume that the Acts described are viola- 

 tions of the Convention, but that they seek to apply whatever penal- 

 ties may be enforced against parties contravening the Convention to 

 vessels to which those provisions are not properly applicable. 



This point has been considered by my Government with every 

 desire to revise the Circular in such a manner as to remove all reason- 

 able objections to it upon these or other grounds, and I have much 

 pleasure in informing your Lordship that the Circular will be re- 

 issued with the following concluding paragraphs in lieu of those 

 referred to above: 



Having reference to the above you are requested to furnish any foreign 

 fishing vessels, boats or fishermen found within three marine miles of the shore 

 within your district with a printed copy of the warning enclosed herewith. 



If any fishing vessel or boat of the United States is found fishing or to have 

 been fishing or preparing to fish, or if hovering within the three mile limit, does 

 not depart within twenty-four hours after receiving such warning, you will 

 place an officer on board of such vessel and at once telegraph the facts to the 

 Fisheries Department at Ottawa and await instructions. 



The effect of these words will be that every foreign fisherman 

 found within the three mile limit will receive a warning which will 

 make him aware of the state of the law, while every fishing vessel 

 belonging to the United States found contravening the existing 

 Canadian Statutes, which, as I have already reminded your Lord- 

 ship, in these respects follow closely those passed by the Imperial 

 Parliament, will, if not departing within twenty-four hours after 

 receiving such warning, be detained under the conditions described. 



I trust that the above explanation will be satisfactory to your 

 Lordship. 



I have, &c., (Sd.) LANSDOWNE. 



The Eight Honourable EARL GRANVILLE, K.G., 



&c., &c., &c. 



