1184 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



note bears date the 13th August, 1852, and will be found at p. 522 of 

 the Appendix to the Case of the United States. This letter is very 

 brief , and I would like to read it : 



" The orders that are to go out to our admiral, and of which I have 

 given Mr. Crampton" 



That is the Minister for Great Britain in the United States 



" notice, are 



" Not to interfere with the Magdalen islands. 



" To consider the Bay of Fundy on the same footing as we placed it 

 in 1845. 



"To capture American fishing vessels only under precisely (the) 

 same circumstances as those which would have been acted upon of 

 late years, and when manifestly infringing the treaty." 



The evidence is now furnished, on p. 172 of the British Case Ap- 

 pendix, which conclusively establishes the nature of the orders which 

 were issued, and I respectfully refer the Tribunal to p. 172 of the 

 British Case Appendix, where it is stated, in a note from the Earl of 

 Malmesbury to the Minister of Great Britain in the United States 

 that: 



" Her Majesty's Government will at once adopt the precaution of 

 repeating the instructions, on which during a long series of years 

 British Admirals commanding on the North American station have 

 invariably acted." 



714 I respectfully refer the Tribunal to p. 1079 of the Appen- 

 dix to the Case of the United States, where appears a letter 

 from Lieutenant-Governor Le Marchant to Vice- Admiral Seymour, 

 dated the 26th August, 1852, reading as follows : 



" Referring to your Excellency's letter of the 23rd instant, which, 

 with its enclosures, I have had the honor to receive, I beg to remind 

 you that copies of the Instructions under which the Captains of the 

 Provincial Cruisers are acting, are in your Excellency's possession. 

 On reference to these you can satisfy yourself that they contain no 

 authority whatever to act upon our construction of the Convention, 

 except where Vessels are actually found fishing within three marine 

 miles of the shore. 



" Your excellency may be assured that the Provincial Government 

 have every desire to avoid controversy on the point now under dis- 

 cussion by the Governments of Great Britain and the United States. 



" Copies of the statements made by the Masters of the American 

 Fishing Vessels have been sent to the Captains of the Halifax and 

 Responsible, and I will communicate with you again when I have 

 their explanations on each representation respectively that the Amer- 

 ican Masters have made." 



I cite a letter of the Provincial Secretary of Nova Scotia, dated the 

 26th August, 1852, advising Captain Laybold that in the meantime 

 the captain would take care to detain no vessel which is not found 



