QUESTION ONE. 31 



States within that jurisdiction as upon British subjects. Should 

 they be so framed or executed as to make any discrimination in 

 favour of the British fishermen, 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 com- 

 plaints 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 re- 

 spective countries, or with a statement of any supposed grievance in 

 the execution of such law or regulation, in order that the matter 

 may be arranged by the two Governments. 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. 

 I am, sir, respectfully, your obedient servant, 



W. L. MARCY. 



Reading this circular in the light of the circumstances leading up 

 to its preparation, it is entirely consistent with the position taken 

 by Mr. Marcy in the original, circular. Certain existing fisheries 

 laws and regulations are approved provisionally, as in the original 

 circular, on the understanding and assumption that they were of a 

 specified character, but such approval is qualified by the condition 

 that in their practical application they do not prove to be " so 

 framed or executed as to make any discrimination in favor of the 

 British fishermen, or to impair the rights secured to American 

 fishermen by that treaty," all of which, it will be noted, is in 

 no way inconsistent with the statement in the original circular that 

 "there is nothing in the Reciprocity Treaty between the United 

 States and Great Britain which stipulates for the observance of these 

 regulations by our fishermen." The controlling statement in the new 

 circular is that such laws are binding only if they are not in conflict 

 with the provisions of the Reciprocity Treaty; but, in accordance 

 with Mr. Crampton's suggestion, the question of whether such laws 

 are " so framed or executed as to make any discrimination in favor of 

 the British fishermen or to impair the rights secured to American 

 fishermen by that treaty " is not left for the fishermen themselves to 

 determine as in the earlier circular, but is reserved as a matter to be 

 " arranged by the two Governments." 



By no possible construction can this circular be regarded as enjoin- 

 ing upon American fishermen the observance of the regulations re- 

 ferred to, if the United States had subsequently found it necessary 



U. S. Case, pp. 135, 173. 



