QUESTION FIVE. 49 



granting fishing licences to foreign vessels, under which they have 

 heretofore been permitted to fish within the maritime jurisdiction 

 of the said Dominion, that is to say, within 3 marine miles of the 

 shores thereof; 



57 To this phrase the British Minister at Washington (Mr. 



Thornton) objected (British Case, App., p. 238) 



inasmuch as it limits the maritime jurisdiction of the Dominion of 

 Canada to three marine miles from the shores thereof, without re- 

 gard to international usage which extends such jurisdiction over 

 creeks and bays. 



Mr. Fish (United States Secretary of State) replied that the 

 expression (British Case, App., p. 239) 



was used for the sake of brevity in expressing the interpretation 

 which has been heretofore placed upon the 1st article of the Treaty 

 of 1818 by this Government, and not with the expectation of renewing 

 a controversial discussion upon the subject, 



An example of the convenient use of the abbreviated expression 



may be found in the letter of the Earl of Clarendon to Sir F. Bruce 



(17th March, 1866). Referring to the British Statute of 1819 and 



certain colonial statutes, Lord Clarendon said (United States Case, 



App., p. 565) 



By those Acts, which were only suspended during the existence 

 of the Treaty, severe penalties, extending to confiscation of their 

 vessels, with the cargoes, tackle, stores, &c., are inflicted upon all 

 persons, not British subjects, who shall be found fishing or to have 

 been fishing or preparing to fish within the distance of 3 miles of the 

 coast of Her Majesty's possessions in North America. 



The statutory penalties applied to persons taking fish, not only 

 within " three miles of the coast," but 

 within 3 marine miles of any coasts, bays, creeks, or harbours. 



Nobody, however, would cite Lord Clarendon's language as an 

 admission that the statute was something quite different from what 

 it actually was. 



Another example of the use of the abbreviated expression may be 

 found in the instructions issued by the Canadian Department of 

 Marine and Fisheries on the 14th May, 1870, in which were the 

 words (United States Case, App., p. 582) : 



In all other parts foreigners are precluded from fishing within 

 3 marine miles of Canadian shores. 



But various other parts of the same instructions make perfectly 

 clear (what, indeed, no one will question) that the Canadian Govern- 

 ment intended to assert jurisdiction over (United States Case, App.. 

 p. 584) 



" three marine miles of any of the coasts, bays, creeks, or harbours 

 of Canada." 



