670 APPENDIX TO BRITISH CASE. 



It is not for a moment contended by the United States Govern- 

 ment that American vessels should be exempt from those reasonable 

 port and Custom-house Regulations which are in force in countries 

 which such vessels have occasion to visit. If they choose to violate 

 such requirements, their Government will not attempt to screen them 

 from the just legal consequences. 



But what the United States' Government complain of in these 

 cases, is that existing Regulations have been construed with a techni- 

 cal strictness, and enforced with a severity, in cases of inadvertent 

 and accidental violation where no harm was done, which is both 

 unusual and unnecessary, whereby the voyages of vessels have been 

 broken up and heavy penalties incurred. That the liberal and rea- 

 sonable construction 01 these laws that had prevailed for many years, 

 and to which the fishermen had become accustomed, was changed 

 without any notice given. And that every opportunity of unneces- 

 sary interference with the American fishing vessels, to the prejudice 

 and destruction of their business, has been availed of. Whether in 

 any of these cases, a technical violation of some requirement of law 

 had, upon close and severe construction, taken place, it is not easy 

 to determine. But if such Rules were generally enforced in such a 

 manner in the ports of the world, no vessel could sail in safety with- 

 out carrying a solicitor versed in the intricacies of revenue and port 

 Regulations. 



It is unnecessary to specify the various cases referred to, as the 

 facts in many of them have been already laid before Her Majesty's 

 Government. 



Since the receipt of Lord Iddesleigh's note the United States Gov- 

 ernment has learned with grave regret that Her Majesty's assent has 

 been given to the Act of the Parliament of Canada, passed at its late 

 Session, entitled "An Act further to amend the Act respecting fishing 

 by foreign vessels," which has been the subject of observation in the 

 previous correspondence on the subject between the Governments of 

 the United States and of Great Britain. 



By the provisions of this Act any foreign ship, vessel, or boat 

 (whether engaged in fishing or not) found within any harbour in 

 Canada, or within 3 marine miles of " any of the coasts, bays, or 

 creeks of Canada," may be brought into port by any of the officers 

 or persons mentioned in the Act, her cargo searched, and her master 

 examined upon oath touching the cargo and voyage under a heavy 

 penalty if the questions asked are not truly answered; and if such 

 ship has entered such waters " for any purpose not permitted by 

 Treaty or Convention or by law of the United Kingdom or 

 400 of Canada, for the time being in force, such ship, vessel, or 

 boat and the tackle, rigging, apparel, furniture, stores, and 

 cargo thereof shall be forfeited." 



It has been pointed out in my note to Lord Iddesleigh, above men- 

 tioned, that the 3-mile limit referred to in this Act is claimed by 

 the Canadian Government to include considerable portions of the 

 high seas, such as the Bay of Fundy, the Bay of Chaleur, and similar 

 waters, by drawing the line from headland to headland, and that 

 American fishermen had been excluded from those waters accord- 

 ingly- 



It has been seen also that the term " any purpose not permitted by 

 Treaty" is held by that Government to comprehend every possible 



