1194 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



compliance with the request of the Foreign Office of Great Britain 

 in 1870. 



That is, the orders confined the exclusion of American vessels to 

 waters not over 6 marine miles in width, and of course from the 

 3-marine-mile belt following the sinuosities of the shore. 



I desire, before closing the argument on the facts, to call attention 

 to but one more circumstance outside of the treaty of 1888, and that 

 is the correspondence regarding the circular known as Customs Cir- 

 cular No. 371, which appears in its original form on p. 761 of the 

 Appendix to the Case of the United States, and as amended on 

 p. 791 of the Appendix to the Case of the United States. 



And I desire to call attention to the fact that in pursuance of let- 

 ters written by the Secretary of State of the United States this circu- 

 lar was modified in such a manner that it prevented seizures except 

 within 3 miles of land, and, of course, within the bays lying landward 

 of the 3-mile line. And the Earl of Rosebery, then Her Majesty's 

 Principal Secretary of State for Foreign Affairs, advised the British 

 Minister in the United States as follows, as appears on p. 823 of the 

 Appendix to the Case of the United States: 



"With regard to Mr. Bayard's observations in the same note re- 

 specting a customs circular and a warning issued by the Canadian 

 authorities, and dated respectively the 7th May and the 5th March 

 last, I have to acquaint you that these documents have now been 

 amended so as to bring them into exact accordance with treaty stipu- 

 lations; and I inclose, for communication to the United States Gov- 

 ernment, printed copies of these documents as amended." 



The final paragraph of circular No. 371, as originally issued, read, 

 as appears on pp. 762 and 763 of the United States Case Appendix : 



" Therefore be it known, that by virtue of the Treaty Provisions 

 and Act of Parliament, above recited, all foreign vessels, or boats, are 

 forbidden from fishing or taking fish by any means whatever within 

 three marine miles of any of the coasts, bays, creeks and harbors in 

 Canada, or to enter such bays, harbors and creeks, except for the pur- 

 pose of shelter and of repairing damages therein, of purchasing wood, 

 and of obtaining water, and for no other purpose whatever." 



This circular bore date the 5th March, 1886. 



In a note to the British Minister dated the 29th May, 1886, Mr. 

 Bayard, then Secretary of State of the United States, wrote, as ap- 

 pears on p. 774 of the Appendix to the Case of the United States : 



" I have also been furnished with a copy of circular No. 371, pur- 

 porting to be from the customs department at Ottawa, dated 

 720 May 7, 1886, and to be signed by J. Johnson, commissioner of 

 customs, assuming to execute the provisions of the treaty be- 

 tween the United States and Great Britain, concluded October 20, 

 1818, and printed copies of a warning, purporting to be issued by 

 George E. Foster, minister of marine and fisheries, dated at Ottawa, 



