ARGUMENT OF CHARLES B. WARREN. 1195 



March 5, 1886, of a similar tenor, although capable of unequal results 

 in its execution. 



******* 



" In the interest of the maintenance of peaceful and friendly rela- 

 tions, I give you my earliest information on this subject, adding that 

 I have telegraphed Mr. Phelps, our minister at London, to make 

 earnest protest to Her Majesty's Government against such arbitrary, 

 unlawful, unwarranted and unfriendly action on the part of the 

 Canadian Government and its officials, and have instructed Mr. 

 Phelps to give notice that the Government of Great Britain will be 

 held liable for all losses and injuries to citizens of the United States 

 and their property caused by the unauthorised and unfriendly action 

 of the Canadian officials to which I have referred." 



The Secretary of State of the United States addressed another note 

 to the British Minister, under date the 14th June, 1886, which will be 

 found on p. 787 of the Appendix to the Case of the United States : 



" It becomes my duty, in bringing this information to your notice, 

 to request that if any such orders tor interference with the unques- 

 tionable rights of the American fishermen to pursue their business 

 without molestation at any point not within three marine miles of 

 the shores, and within the defined limits as to which renunciation of 

 the liberty to fish was expressed in the treaty of 1818, may have been 

 issued, the same may at once be revoked as violative of the rights of 

 citizens of the United States under convention with Great Britain." 



The circular No. 371 was amended as appears on pp. 789 to 791 of 

 the Appendix to the United States Case. 



The amendment consisted in striking out the last paragraph of the 

 circular as originally issued under date the 5th March, 1886, and sub- 

 stituting therefor the following paragraph, which appears on p. 791 

 of the Appendix to the Case of the United States : 



" Having reference to the above, you are requested to furnish any 

 foreign fishing vessels, boats or fishermen found within three marine 

 miles of the shore, within your district, with a printed copy of the 

 ' warning ' enclosed herewith. If any fishing vessel or boat of the 

 United States is found fishing, or to have been fishing, or preparing 

 to fish, or if hovering within the three mile limit, does not depart 

 within twenty-four hours after receiving such ' warning,' you will 

 please place an officer on board such vessel, and at once telegraph the 

 facts to the Fisheries Department at Ottawa, and await instructions." 



Earl Granville, then Secretary of State for the Colonies for Great 

 Britain, in a note to Lord Lansdowne, bearing date the 15th July, 

 1886, acknowledged the receipt of a despatch setting forth the amend- 

 ment and stated in a note, found on p. 801 of the Appendix to the 

 Case of the United States : 



" Her Majesty's Government observe with satisfaction the amend- 

 ments which have been made in the Customs Circular No. 371, and in 

 the warning to be- given to the United States' fishing vessels frequent- 

 ing the waters of Canada." 



