38 COUNTER CASE OF THE UNITED STATES. 



vessel found in Canadian waters without waiting for the expiration 

 of twenty-four hours after a warning requiring it to depart there- 

 from. A copy of this amendment was communicated to Mr. Fish by 

 the British Minister in his note of May 20, 1870, a four days after the 

 date of this circular; and on the 26th of May, the British Minister 

 communicated to Mr. Fish the further information that under the 

 instructions to be issued to the British and Colonial officers for the 

 enforcement of this law, it would be given application only to vessels 

 within three miles of land, thus making it clear that it was not 

 intended to renew the attempt to assert Canadian jurisdiction over 

 American vessels fishing outside of the three mile limit in the larger 

 bays where the United States had always maintained that the 

 renunciatory clause of this treaty had no application. 



The change made in the Act of May 22, 1868, by the amendment of 

 May 12, 1870, and the disclaimer on the part of Great Britain of any 

 intention to enforce the act thus amended upon American fishing 

 vessels except in the waters of the coasts covered by the renunciatory 

 clause of the treaty within three marine miles of the land, made it 

 appropriate that the circular should be changed so as to inform the 

 American fishermen of the effect of the amendment of the Act of 

 1868 and to instruct them that they must respect its provisions. An 

 amended circular was therefore issued on June 9, in which, at the 

 close of the first paragraph of the old circular, reciting that the right 

 of American fishermen under the treaty of 1818 to enter bays and 

 harbors on the non-treaty coasts for the purposes of shelter, repairing 

 damages, purchasing wood and obtaining water and for no other 

 purpose whatever was " subject to such restrictions as may be neces- 

 sary to prevent their taking, drying or curing fish therein, or in any 

 other manner whatever abusing the privileges reserved to them as 

 above expressed," the extract quoted in the British Case was inserted, 

 which is as follows: 



Fishermen of the United States are bound to respect the British 

 laws and regulations for the regulation and preservation of the fish- 

 eries to the same extent to which they are applicable to British or 

 Canadian fishermen. 



Immediately after this clause, the reference to the law of May 22, 

 1868, follows, and here was inserted in the new circular the reference 

 to the Act of May 12, 1870, amending that law, thus indicating clearly 



a U. S. Case Appendix, p. 589. 



